Law: High Courts (Establishment) Order

Section: 9

Law: Constitution of Pakistan, 1962

Section: 98

High Court's (Establishment) Order (P. O. No. 8 of 1970), S. 9-Transfer of proceeding for disposal to another Court-Two writ petitions on identical grounds filed in two different High Courts (one at Peshawar and another at Lahore)-Possibility of conflict in decisions-Petition pending at Peshawar ordered by Supreme Court to be transferred to Lahore for disposal by Lahore High Court along with petition already pending before it-Constitution of Pakistan (1962), Art. 98. Date of hearing : 7th January 1972.                                                                                                        JUDGMENT HAMOODUR RAHMAN, C. J.-This is an application under Article 9 of the High Court's (Establishment) Order, 1970 for the transfer of a writ petition (Writ Petition No.125 of 1971) now pending in the Peshawar High Court against the Government of North-West Frontier Province and the North-West Frontier Province provincial Transport Authority, for hearing by the Lahore High Court along with a similar writ petition (Writ Petition No. 1116 of 1971) against the Government of Punjab, the Regional Transport Authority, Rawalpindi, and the Punjab Provincial Transport Authority. The writ petitions were filed in the following circumstances:- The petitioner-company was holding 33 stage-carriage permits on the Rawalpindi- Abbottabad-Mansehra route granted by the Regional Transport Authority, Rawalpindi, under the West Pakistan Motor Vehicle (Amendment) Ordinance, 1970. These permits were due to expire in 1971 but before that the One Unit was broken up and four new Provinces were set up. The applica tion of the petitioner-company for the renewal of its permits was ultimately refused on the 6th of July 1971 as, in pursuance of certain arrangements arrived at between the Chairmen of the Provincial Transport Authorities of the Province of Punjab and the North-West Frontier Province, the Rawalpindi-Abbottabad…