AJK Motor Vehicles Ordinance, 1971

  1. —section 34 and 35 of the AJ&K Motor Vehicles Ordinance, 1971—see caption A. Mohsin Shezad v. Director Excise & Taxation 2019 SCR 589 (B)
  2. Ss. 48, 49, 50 — See AJK Interim Constitution Act, 1974, S. 42. Ch. Allah Ditta v. Muhammad Azeem Bhatti and 15 others 2013 SCR (SC AJ&K) 1092
  3. U/Ss. 49,50 & 52 — A route permit can be granted against a route — First of all either a new route is to be introduced or some additional routes for the convenience of public at large are to be introduced — If the Regional Transport Authority feels that a ‘stage carriage’ permit is to be issued against newly introduced route, in that case it shall follow procedure u/ss. 49 and 50 — In case a new route permit is introduced for “contract carriage” then it shall fix the number of new routs after following the procedure u/ss.52 and 53 of the Ordinance, it shall either allow or refuse route permit to any party. Shaban Hussain v. Azad Bakht Rathore & 11 others 2002 SCR 353 (C)
  4. U/Ss. 49, 50 & 52 — ‘Contract carriage’ permit is to be issued in the larger interest of the general public keeping in view the survey report submitted to the Regional Transport Authority by the administrative officials of the relevant districts. Shaban Hussain v. Azad Bakht Rathore & 11 others 2002 SCR 353 (B)
  5. U/Ss. 49, 50 and 52 — Two different kinds of permits can be issued — ‘Stage carriage’ permits can be issued u/ss.49 & 50, whereas ‘contract carriage’ permits under section 52 of the Ordinance. Shaban Hussain v. Azad Bakht Rathore & 11 others 2002 SCR 353 (A)
  6. S. 50 — The validity of the impugned Govt. Order has to be tested in light of the wording of the provisio — The provisio makes it clear that the Govt. is authorised to pass the following three orders all of which have to be addressed to the AJK Transport Authority:-i)          To introduce new routes; ii)         To introduce additional permits for existing routes; and iii)        To grant “the same” to any particular party. Ashraf & Akbar & others  v. Kh. Abdul Khaliq & others 1995 SCR 196 (B)
  7. S. 50 — The Govt. can order the Transport Authority to introduce a new route and can also direct the authority to issue additional permits for an existing route to a particular party. The provision does not lay down that while directing the Authority to open a new route the Govt. may also order the Authority to issue a route permit against that newly opened route to a particular party — The Govt. can approve grant of a route only if it is additional and not otherwise. Ashraf & Akbar & others v. Kh. Abdul Khaliq & others 1995 SCR 196 (C)
  8. According to the scheme of the Act a route permit can only be granted against a route — The grant of a route permit presupposes existence of a route and a permit is only issued if a route already exists or if a route has been introduced — The provisio under reference lays down that the Govt. may order the Authority to introduce a new route — The Minister has not sanctioned a new route and as straight away sanctioned the route permits without prior existence of a route — The Govt. is only authorised to introduce additional permits and then it can order that the same may be granted to a particular party. Ashraf, Akbar & others  v. Kh. Abdul Khaliq & others 1995 SCR 196 (D) 
  9. writ petition—AJ&K Motor Vehicles Ordinance, 1971— the Civil Court had no jurisdiction to entertain the matter.     Mohsin Shezad v. Director Excise & Taxation 2019 SCR 589 (B & C)
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