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1996 SCMR 1008

Haji JUMMA and others vs ABDUR RASHEED and others

Citation1996 SCMR 1008
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 37/Q of 1994
Date1994-12-07
Judge(s)Mir Hazar Khan Khoso, Saleem Akhter, Manzoor Hussain Sial
ResultLeave granted

ORDER

' MIR HAZAR KHAN KHOSO, J.---The petitioners seek leave to appeal against the judgment dated 14- 4-1994 passed by the Division Bench of the High Court of Baluchistan, Quetta.

2. The petitioners are holding route permits for plying buses Quetta City-Cantonment. Respondent Abdur Rasheed was also granted route permit for the same route. It was contended by Mr.Tahir Muhammad Khan, the learned counsel for the petitioners, that the Transport Authority without publication or publicity or giving hearing to the petitioners had granted route permit to respondent Abdur Rasheed. He challenged the same in appeal before the Chairman, Transport Authority, Quetta, which was rejected. The petitioners challenged the orders of the Secretary, Regional Transport Authority and the Chairman, Provincial Transport Authority in Writ Petition before the High Court of Baluchistan. Vide judgment dated 14-4-1994 the writ petition was dismissed.

3. The learned counsel for the petitioners contended that the Secretary, Regional Transport Authority, Quetta, had not given opportunity of hearing while granting route permit to respondent Abdur Rasheed. He further contended that route permit was granted to Abdur Rasheed by drawing lots in violation of Motor Vehicles Ordinance, 1965. It was further contended that the learned Judges of the High Court had not properly interpreted the word "stage carriage and contract carriage". The points raised by the learned counsel for the petitioner require consideration. Leave to appeal is granted.

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