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Malik MUHAMMAD TAHIR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government and Rural Development Department, Peshawar S — 2024 CLC 1071 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 1071 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
Malik MUHAMMAD TAHIR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government and Rural Development Department, Peshawar S
Subject matter
Constitutional
Provisions referred to
S. 80---M

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Malik MUHAMMAD TAHIR KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government and Rural Development Department, Peshawar S. 80---Motor Vehicle Rules, 1969, R. 253---Bus Stand Fee / Tax---D-Class Stand---Principle of quid pro quo---Applicability---Petitioner was plying stage carriers and had established his own D-Class Bus Stand---Grievance of petitioner was that contractor of General Bus Stand could not demand General Bus Stand Tax for his buses / vehicles on the basis of Bus Stand Bye Laws, 1999---Validity---Bye laws do not deal with establishment of other classes of Bus Stands more particularly Class-D Stand in terms of R. 253 of Motor Vehicle Rules, 1969, which envisages for establishment of a company stand issued to private person, for which a separate fee is chargeable by authority established under Motor Vehicle Rules, 1969---Application and restriction imposed by Byelaws of 1999 could not be extended to establishment of D-Class Bus Stand---Adda Fee, which District Administration was collecting, was in strict sense a "fee" and not a "tax"---Such levy was in its character object specific i.e. providing parking facilities to vehicles in its General Bus Stand by District Government whereas petitioner did not enjoy such parking facilities of District Government---Element of quid pro quo was absent in the case of petitioner---High Court declared demand of General Bus Stand fee / tax as illegal---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2024 CLC

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