QALANDAR ALI KHAN, J.- Nooral Khan, petitioner , has invoked the writ jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, thereby , seeking a direction to the District Administration to restore his "D" class license by declaring cancellation order and order in appeal dated 08.12.2010 as illegal, without lawful authority and of no legal ef fect.
2. The background of the case, as gleaned from the writ petition, is that petitioner was a transporter holding "D" class license for operation of services since long with valid authority and approval from the respondents. The fee and taxes were regularly been paid to the respondents. Following centralization of all transport operations and various transport services, general Bus Stands were established by the Government or local Government at District level in the year 1999/2000; but, according to the petitioner the Local Government Ordinance provided authority to the local administration to allow or grant "D" class licenses to the transporters for raising funds in the public interest. Accordingly , the petitioner was granted "D" class license by the local administration at district level when he qualified the conditions laid down by the District Administration under Motor Vehicle Rules (MVR) in the year, 2005. The petitioner claimed that the premises where "D" class stand was established was exclusively owned by him and that all the facilities were provided by him as envisaged by the MVR, 1969. According to the petitioner , his business under "D" class license continued since the year 2000 despite establishment of general bus stand and shifting of all stands, but he was never disturbed or his business interfered with. Although, the "D" class license was once cancelled vide order dated 01.08.2005, which was assailed in WP No.880/2006, but as grievance of the petitioner was redressed and cancellation order withdrawn by restoration of "D" class stand, vide order dated 10.07.2009, the writ petition was accordi ngly disposed of vide order dated 07.07.2009. The license restored vide order dated 10.07.1999 was again cancelled vide order of the Chairman RTA, Mardan dated 12.09.2009; and appeal preferred by the petitioner before the Provincial Transport Authority was also dismissed by respondent No.5 i.e Chairman, Provincial Transport Authority , Khyber Pakhtunkhwa, on 08.12.2010; hence the writ petition.
3. In para-wise comments of respondent No.2 i.e The Secretary , Local Government, Rural Development Department, Peshawar , as well as in the written reply of respondent No.5 i.e. The Chairman, Provincial Transport Authority , Khyber Pakhtunkhwa, several legal and factual questions were raised regarding plea of the petitioner including objections of the respondents to his claimed status of being a transporter and a license holder of "D" class stand or paying any tax to the TMA, Swabi or NOC/permission issued by the TMA to the petitioner in this regard.
According to the respondents, under policy of the Provincial Government since 1999/2000, the Local Government established general bus stand at Swabi and the Local Government/TMA was therefore authorized to grant NOC for establishing stands, but the TMA had not granted NOC to the petitioner to establish "D" class stand. Anyhow , the illegally issued "D" class stand license was cancelled by the competent authority vide order dated 12.09.2009, and operation of vehicles from the said "D" class stand was stopped vide letter of DCO, Swabi dated 16.09.2009. It was pointed out that the petitioner alongwith others filed writ petition No.4510/1999 against cancellation orders, but their writ petition was dismissed by this Court on 04.02.2000. The respondents defended cancellation of "D" class license in favour of the petitioner on the ground that the license was illegally issued without NOC, which was an essential pre-requisite for establishment of "D" class stand. They also defended cancellation of the license and dismissal of appeal after proper inquiry; and strongly objected to filing of writ petition in a matter involving factual controversy.
4. Arguments of learned counsel for the parties heard; and record perused.
5. The perusal of record would show that having been granted "D" class stand license at Swabi by the Regional Transport Authority , Mardan Division, Mardan, on 11.12.1994, the said license was cancelled and then issued again by the District Nazim on 27.02.2009, but was cancelled by the Commissioner/Chairman RTA, Mardan, vide letter dated 06.04.2009. The petitioner assailed the cancellation order, but in the meantime, the license was issued again by the Commissioner/Chairman RTA, Mardan on 10.07.2009, and the writ petition was withdrawn from the High Court by the petitioner. However, the Commissioner/Chairman RTA, Mardan cancelled the "D" class stand vide order dated 12.09.2009, which also resulted in registration of criminal cases against the petitioner and others. The cancellation order of Commissioner/Chairman RTA, Mardan Division, Mardan dated 12.09.2009 was assailed by the petitioner in his appeal before the Appellate authority i.e. Chairman, Provincial Transport Authority, Khyber Pakhtunkhwa (respondent No.5); but the appeal was rejected by the appellate authority vide impugned order dated 08.12.2010.
6. The admitted legal position is that a license for "D" class stand is issued and revoked under Motor Vehicle Rules (MVR), 1969. The license granted for establishment of the stand can be revoked by the Regional Transport Authority (RTA) on the grounds that the stand has not been satisfactorily managed or its continuance is no longer in the public interest, but before revocation, the RTA shall provide the person authorized to administer the stand an opportunity of being heard and shall record reasons in writing for the revocation. Indeed, after revocation, a right of appeal to the Chairman Provincial Transp ort Authority is available within 30 days. It may be pointed out here that the ibid provisions of law/rules were not only reiterated but also applied in their letter and spirit in the elaborate judgment of this Court dated 21.06.2009 in W .P No.490 of 1999.
7. When seen in the light of above stated facts, relevant provisions of law/rules and, above all, judgment of this Court dated 21.06.2009 in WP No.490 of 1999, and also in view of judgment report ed as 1993 CLC 1340 (Lahore), it becomes abundantly clear that neither NOC was obtained from the Tehsil Municipal Authority , Tehsil & District, Swabi, for establishment of "D" class stand nor the "D" class stand was in the public interest after establishment of "C" class stand being run by the TMA, Swabi, as huge financial losses were likely to be incurred to the public exchequer due to clause "D" public stand, as pointed out in the impugned cancell ation order dated 12.09.2009 of the Commissioner/Chairman RTA, Mardan Division, Mardan. It may also be added here that before the impugned cancellation/revocation order , the petitione r was not only provided opportunity of hearing, as an earlier cancellation order was set aside and "D" class stand license was restored in favour of the petitioner only on the ground of not providing him opportunity of hearing before cancellation/revocation vide order of the Commissioner/Chairman RTA, Mardan dated 10.07.2009; but following the restoration order, the opportunity of hearing was provided to the petitioner, besides inquiry was twice conducted through responsible officers of the local administration, who verified huge financial loss likely to be caused to the TMA, Swabi, in case the petitioner was allowed to run "D" class stand. As such, the pre-requisite of hearing was fulfilled not only before the impugned cancellation/revocation order dated 12.09.2009; but also an opportunity of hearing was again provided to the petitioner at the time of impugned order of the Appellate Authority/Provincial Transport Authority, Khyber Pakhtunkhwa, Peshawar dated 08.12.2010
8. Apart from stance of the respondents that neither the petitioner was holding a valid license for "D" class stand nor he had previously obtained NOC for establishment of the stand and that the "D" class stand was bound to cause huge financial loss to the national exchequer , there was nothing on the record to suggest that either pre- requisites of MVR, 1969 were not fulfilled or the petitioner was denied opportunity of hearing before cancellation/revocation of the "D" class stand license or at the stage of impugned order dated 08.12.2010 whereby his appeal was rejected/dismissed by the Appellate Authority/Chairman Provincial Transport Authority , Khyber Pakhtunkhwa, Peshawar .
9. Finding no merit in the writ petition, the same is dismissed, accordingly .