Petition before Civil Aviation Appellate Tribunal

BEFORE THE LEARNED CIVIL AVIATION APPELLATE TRIBUNAL, ISLAMABAD

Petition No. _____ of year Under the Pakistan Civil Aviation Authority Act 2023

petitioner_name, petitioner_status, holder of petitioner_licence_or_authorisation, resident of petitioner_address ... Petitioner / Appellant

VERSUS

The Pakistan Civil Aviation Authority, through its Director General, Headquarters, Karachi ... Respondent

PETITION ASSAILING ORDER OF THE PAKISTAN CIVIL AVIATION AUTHORITY UNDER THE PAKISTAN CIVIL AVIATION AUTHORITY ACT 2023

Respectfully sheweth:

1. That the Petitioner is a petitioner_status duly engaged in the field of civil aviation, holding a valid licence or authorisation, namely petitioner_licence_or_authorisation, issued by the Pakistan Civil Aviation Authority. The Petitioner has been operating in the said capacity since operation_start_date.

2. That on impugned_order_date, the Pakistan Civil Aviation Authority issued the impugned order bearing reference impugned_order_reference, by which it has nature_of_action. A certified copy of the impugned order is annexed.

3. That the impugned order is liable to be set aside on the following amongst other grounds, which are set out without prejudice to one another.

4. That the impugned order has been passed without affording the Petitioner an opportunity of being heard, in violation of the principles of natural justice and the procedure prescribed under the Pakistan Civil Aviation Authority Act 2023 and the rules and regulations made thereunder.

5. That the findings recorded in the impugned order are contrary to the record and are based on extraneous considerations. The Authority has failed to appreciate the documentary evidence and explanations submitted by the Petitioner during the underlying proceedings, which are described as follows: petitioner_record_of_proceedings.

6. That the Authority has acted without jurisdiction or in excess of jurisdiction in passing the impugned order, in that jurisdictional_defect.

7. That the impugned order is in violation of the relevant standards prescribed by the International Civil Aviation Organization and the standards adopted by the Pakistan Civil Aviation Authority Act 2023 read with applicable rules and regulations.

8. That the impugned order has caused, and is causing, severe and irreparable financial loss and reputational injury to the Petitioner. petitioner_loss_description.

9. That the present petition is filed within the prescribed period of limitation computed from the date of communication of the impugned order to the Petitioner. The certified copy of the impugned order has been duly obtained and is annexed.

10. That this Honourable Tribunal has the jurisdiction to entertain the present petition by virtue of the Pakistan Civil Aviation Authority Act 2023 vesting appellate jurisdiction over the orders of the Authority in this Tribunal.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Tribunal may be pleased to:

(a) Set aside the impugned order dated impugned_order_date bearing reference impugned_order_reference;

(b) Restore the licence, authorisation, certification, or status of the Petitioner that was affected by the impugned order;

(c) Pass any consequential or interim order as may be necessary to protect the rights and interests of the Petitioner during the pendency of these proceedings;

(d) Award costs to the Petitioner; and

(e) Grant any other or further relief that this Honourable Tribunal may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above petition are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ petitioner_name Petitioner / Appellant Through: _____________________________ counsel_name Advocate