TRANSPORT OPERATOR UNION vs CHAIRMAN TRANSPORT AUTHORITY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD Rr

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TRANSPORT OPERATOR UNION VS CHAIRMAN TRANSPORT AUTHORITY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD Rr. 95-a, 230, 237 & 242---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---Functions/operation of bus stops, matter of---Remedy of appeal, availability of---Invoking writ jurisdiction of the High Court---Maintainability---Petitioners (Transport Operator Union) prayed for ceasing the operation of all the bus stops (old and new) and relocation of the stops---Validity---all the respondents are running their business activities in pursuance with the licenses/permits issued by the competent authority---attempt is impliedly being made to challenge the permits and NOCs issued in favour of the respondents---Remedy against such orders is provided qua filing of an appeal---Statutory remedial forums for the purpose of adjudication of grievances ex-facie meet the purpose of dispensation of administrative justice, thus, bypassing said statutory fora without disclosing solid reasons and switching over to writ jurisdiction cannot be allowed at random---Right of appeal is not a mere matter of procedure, but it is a substantive right---Right of appeal bestowed by a statute is the right of entering a higher appellate forum and invoking its aid and Interposition to redress the error of the lower authority---Writ petition, being merit-less, was dismissed, in circumstances. Citation Name: 2025 PLD 35 HIGH-COURT-AZAD-KASHMIRBookmark this Case TRANSPORT OPERATOR UNION VS CHAIRMAN TRANSPORT AUTHORITY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD Rr. 95-a, 230, 237 & 242---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---Functions/operation of bus stops, matter of---Remedy of appeal, availability of---Invoking writ jurisdiction of the High Court---Maintainability---Petitioners (Transport Operator Union) prayed for ceasing the operation of all the bus stops (old and new) and relocation of the stops---Validity---Under S. 230 of the azad Jammu and Kashmir Motor Vehicle Rules, 1973 ('the Rules 1973') consideration governing location of the stand have specifically been given which is to be taken into consideration at the eve of granting permission for Bus vehicle stand---District Magistrate in view of R. 237 of the Rules, 1973 is authorized to inspect every stand---Under R. 242 of the Rules, 1973 a right of appeal has been given to the aggrieved person by an order of the Transport authority sanctioning the establishment of a stand or revoking or modifying an order permitting the establishment of a stand---In view of Rr. 242 & 95-a of the Rules 1973, the petitioners have to file an appeal against the order of the Transport authority instead of filing the constitutional petition in order to resolve the disputed question of facts requiring detailed investigation and evidence---Disputed questions of facts cannot be resolved by the High Court in extraordinary jurisdiction particularly when alternate remedy is provided to the petitioners qua redressal of their grievance---appeal is a creation of statute and must be shown to exist before the higher forum---Writ petition, being merit-less, was dismissed, in circumstances Citation Name: 2025 PLD 35 HIGH-COURT-AZAD-KASHMIRBookmark this Case TRANSPORT OPERATOR UNION VS CHAIRMAN TRANSPORT AUTHORITY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD art. 44---Civil Procedure Code (V of 1908), S. 9---Disputed question(s), adjudication of---Constitutional petition---Maintainability---Petitioners (Transport Operator Union)filed writ petition seeking directions that certain Transporters (Private respondents) be restrained from running their vehicles from their destined point and be directed to run their vehicles from D-Class adda (Bus Stop) as well as to relocate to the bus stops (old and new)at appropriate places outside the city area---Said stance of the petitioners had been negated by the respondent who categorically alleged that they were running their business completely in accordance with NOCs and permits allotted by the relevant quarters---Validity----Disputed questions of facts requiring a detailed probe and inquiry are not normally resolved by the High Court in exercise of its extraordinary jurisdiction---Proper fora for adjudication of the disputed question of facts requiring detailed probe and evidence is the Civil Court of competent jurisdiction as envisaged in S. 9 of the Civil Procedure Code, 1908 (if the dispute qualifies the criteria of S. 9, C.P.C.)---Writ petition, being non-maintainable, was dismissed, in circumstances.

TRANSPORT OPERATOR UNION vs CHAIRMAN TRANSPORT AUTHORITY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD Rr — 2025 PLD 35 HIGH-COURT-AZAD-KASHMIR

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