ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.D-4372 of 2016
|
Date |
Order with signature of Judge |
For orders on CMA
No.1393/2017
29-11-2017
Mr. Mujahid Ali Shah, Advocate for
the petitioners
Mr.
Ghulam Abbas Akhtar, Advocate for respondents
Mr.
Nisar Ahmed Abro DAG
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Through the instant constitution
petition, the petitioner prays for a writ of mandamus with regard to the
timings of trains 9-up/10-down Allama Iqbal Express and 17-up/18-down Millat
Express at railway station Padidan.
The
learned counsel for the petitioners states that the present petition is in the
interest of public at large and particularly those of nearby localities. It is further
stated that discontinuation of the above named trains has caused immense
hardship to people of the area. He further contends by referring to the
averments of his petition, that resumption of such facility by respondents
Pakistan Railways, will greatly benefit a large number of residents of the
locality.
In
response the parawise comments have been filed by respondents Railways,
wherein, inter alia, they have specifically stated that the afore named trains
were allowed merely on trial basis for the period of only two months with
effect from 22.8.2016 to 21.10.2016, but from the Padidan railway station, only
few persons availed this facility; resultantly, respondents Pakistan Railways
started incurring operation losses. Therefore, the plying of above named trains
on trial basis was discontinued.
After considering
the arguments of the parties and perusal of their pleadings and record, we are
of the view that every organization is entitled to frame and implement a viable
policy for its business operation. The specific plea of operation loses as
agitated by respondents could not be successfully rebutted by petitioners’ side,
hence the said defence can not be overlooked, particularly, when such type of
policy decision is not violative of any law.
In view
of the above, the instant petition is dismissed with no order as to costs.
JUDGE
JUDGE
Suleman Khan/PA