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Constitutional Petition No. D‑955 of 1983, decided on 5th February, 1984.

‑‑ S. 50(3)‑‑Chairman Regional Transport Authority deciding to allow timings to buses granted permits for certain route‑Such order, held, could be passed by Provincial Transport Authority only under S. 50(3) of Ordinance‑Order passed by Chairman Regional Transport Authority, held, without lawful authority.

S. Nasiruddin for Petitioners.

Abdul Sattar Shaikh Addl. A: G., Sind for Respondents Nos. 1 to 4.

Munawwar Malik for Respondent No. 5.

Date of hearing : 5th February, 1984.

‑‑‑By this constitution petition under Article 9 of the Provisional Constitution Order, 1981, the petitioners who are stated to be owner/hire‑purchasers of 12 stage Carriages and hold certificate of registration have questioned the order of the Commissioner/Chairman, Regional Transport Authority, Karachi, whereby he has decided to allow the timings to the buses granted permits for route Karachi‑Sanghar via Hyderabad Super Highway and Tando Adam during night time. This order of the Commissioner/Chairman, Regional Transport Authority, was communicated by the Secretary, Regional Transport Authority, Karachi by the letter, dated 14‑12‑1983, which reads as follows :‑----------

"Office of the Secretary, Regional Transport Authority, Karachi.

No. RTA/2928‑33/83, Karachi the 14th December, 1983.

READ:

Order dated 28‑11‑1983 passed by the High Court of Sind on Constitutional Petition No. D‑884/83, filed by S. Salahuddin and others v. Chairman R. T. A. Karachi and Secretary, R. T. C. Karachi/Hyderabd.

Order:

The Commissioner/Chairman R. T. A., Karachi has decided to allow the timings to the buses granted permits for route Karachi‑Sanghar via Hyderabad Super Highway and Tando Adam during night time. According to the time schedule prepared in respect of the buses the above route is enclosed for implementation with immediate effect.

(Sd.) Muhammad Iftikhar Alam,

Secretary

Regional Transport Authority,

Karachi."

2. Inter alia it is submitted by Mr. S. Nasiruddin that under section 50(3) of the Motor Vehicles Ordinance, 1965 such an order could be passed only by the Provincial Transport Authority.

3. Mr. Abdul Sattar Shaikh, Additional Advocate‑General Sind, for respondents Nos. 1 to 4 and Mr. Munawwar Malik Advocate for respondent No. 5 conceded to this legal position. Although Mr. S. Nasiruddin has raised several other grounds in support of this petition, we need not go into them as the petitioners are entitled to succeed on the above point which has been as already stated conceded by the learned counsel for the respondents.

4. We, therefore, declare the order impugned in this petition to have been passed without lawful authority and, therefore, declare it to be of no legal effect. We further direct the Secretary Transport to the Government of Sind and Ex Officio Chairman, Provincial Transport Authority, Sind to fix the time schedule in accordance with law.

The petition stands disposed of in above terms.

M. B. A. Petition accepted.

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