ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D- 1246 of 2013

DATE             ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi

12.03.2015.

 Mr. Raja Hans Raj Naurang, Advocate for petitioner.

Mr. Allah Bachayo Soomro, Additional A.G.

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            The petitioner has prayed that directions may be issued to the respondents to allow him to run his Toyota Van bearing Registration No.JF-0492 from Hyderabad to Mirpurkhas from General Badin Bus Stand Hyderabad, as per route permit. It is further prayed that the respondents may be restrained from taking any coercive action against the petitioner.

            Copy of route permit is available at page-23 of the petition, which shows that the last route permit was valid up to 10.12.2013 and vehicle is in the name of M/s Orix Leasing Pakistan Limited. The defined route is from Hyderabad to Mirpurkhas via Tando Allahyar.

            Respondent No.3 has filed the comments in which it is mentioned that the petitioner never approached the Authority against his any grievance. However, it is admitted that the petitioner was allowed by the Authority to operate vehicle on the permital route from General Bus Stand as his vehicle is covered by the route permit. It is further stated that no restriction will be imposed by the Authority if the vehicle will be operated according to the route permit as per law.

            The comments of the respondent clearly demonstrate that if the petitioner has valid route permit, the authority shall not cause any interference or hindrance against his lawful business, however, the last permit was valid up to 10.12.2013, which has expired during pendency of this petition, therefore, in order to ensure the compliance of law, the petitioner may approach the Authority for the fresh route permit or may apply for the extension of previous route permit, which was expired on 10.12.2013.

It is clarified that if any valid route permit is issued, no further restriction or harassment will be caused to the petitioner and he may be allowed to continue his business in accordance with law and the respondents shall also act strictly in accordance with law.

Petition is disposed of in above terms.

JUDGE

                                                            JUDGE

Ali Haider/P.A