1. 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.
2. 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--petition 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 Mansehra route was deleted from the list of classified routes. According to this agreement, which was subsequently ratified by the respective Provincial Transport Authorities, only 18 inter-Provincial routes were classified as `A' category routes. One of these routes falling in the category `A' was the Rawalpindi-- Abbottabad via Wah Cantonment-Hassan Abdal route, and in a joint meeting of the two Provincial Transport Authorities it was decided that permits for this route should be granted on reciprocal basis in the ratio of he petitioner-company was, on the 8th of September 1971, granted 30 regular permits on this route by the Regional Transport Authority, Rawalpindi, for a period of one year commencing from the 30th of July 1971, subject to compliance with the provisions of Rule 57 of the West Pakistan Motor Vehicle Rules, 1969. Unfortunately, the operation of the said Rule was itself suspended in Punjab till the 31st of December 1971, with the result that the permits issued to the petitioner could not be utilised. The petitioner, therefore, filed two writ petitions on identical grounds, one in the Peshawar High Court and the other in the Lahore High Court, challenging the vires of Rule 57-B of the West Pakistan Motor Vehicle Rules, 1969, as also the validity of the re-categorisation of the route in question from `13' to `A' category, as being without lawful authority.
3. The petitioner also wanted an interim order for restraining the Provincial Transport Authorities from interfering with the plying of buses on this route by the petitioner-company.
4. The Peshawar High Court, on the 27th of September 1971, admitted the petition for regular hearing and granted an interim order on the 27th of September 1971 to the effect "that until the disposal of the main petition the petitioners shall be permitted to ply their buses respecting which their permits were refused to be authenticated by the Government of N.-W. F. P. For the period mentioned in condition No.25 permits issued to them by the P.T.A., Punjab.
5. On the basis of this order, the High Court at Lahore also, on the 25th of October 1971, granted a similar interim order and admitted the petition for regular hearing.
6. It is contended on behalf of the petitioner that the petitioner-- company has its registered office in Rawalpindi which is in Punjab; that the permits in dispute were originally granted by the Regional Transport Authority, Rawalpindi subject to authentication by the Provincial Transport Authority, N.- W. F. P.; and that if the two petitions are heard in the two different High Courts, then there is the possibility of conflict of decisions.
7. We are of the opinion that these are cogent and valid grounds for transfer of the writ petition pending in the Peshawar High Court for hearing at Lahore.
8. Due notice of this transfer application was given to the Government of North-West Frontier Province and the Provincial Transport Authority, Peshawar. The notices have been served and the acknowledgment receipts have been shown to us but no one has appeared on behalf of the respondents to oppose this application.
9. This application is accordingly allowed and the Writ Petition No. 125 of 1971 pending in the Peshawar High Court is transferred to the Lahore High Court for hearing along with Writ Petition No. 1116 of 1971 pending in the Lahore High Court.