' MUNAWAR AHMED MIRZA, J.---This petition for leave to appeal is directed against judgment, dated 10th March, 1999 passed by the High Court of Balochistan, Quetta, in Constitution Petition No,44 of 1998.
2. Petitioner is a transporter. He has been granted a Route Permit for plying Mini Bus between Pishin and Chungi by Chairman, Regional Transport Authority after due verification. On obtaining requisite permit petitioner purchased vehicle bearing Registration No,QAE-4673 Model 1990 and was allowed to ply the same against route permit already granted to him. Secretary, Regional Transport Authority on 19-6-1996 fixed timing of departure from Pishin as 3-10. p.m. However, subsequently on 20-6-1996 said order was withdrawn and new timing of departure from Pishin and return from Chungi was fixed 6-00 p.m. And 9-00 a.m. It appears that petitioner raised objections whereupon- time schedule was refixed and original time of departure from. Pishin 3-10 p.m. Was restored. It may be seen that after lapse of some period local administration stressed upon petitioner to comply with timings which were specified by Regional Transport Authority on 20-6-1996. Petitioner challenged the same by way of appeal under section 66(i)(b) of Motor Vehicles Ordinance, 1965 before Senior Member, Board of Revenue-cum-Chairman, Provincial Transport Authority. The appeal was decided by means of order, dated 30-12-1996, whereby departure timings for Pishin- Chungi were rescheduled. Petitioner dissatisfied from the above decision preferred Constitutional Petition No,427 of 1996 before High Court of Balochistan, which was eventually accepted vide judgment, dated 25-2-1997 whereby orders, dated 20-6-1996 and 26-11-1996 of official respondent were set aside. Some of the respondents in present petition challenged above decision before Supreme Court through Civil Petition No,35-Q of 1997, which on conversion into appeal was partly accepted. Consequently by means of judgment, dated 24th June, 1997 above decision, dated 25- 2-1997 passed by the High Court of Balochistan was set aside and matter remanded to Secretary, Regional Transport Authority to consider all aspects after providing opportunity of hearing to the concerned parties for regulating time-schedule concerning departure and arrival of stage carriages in accordance with law, equity and fair play. Relevant observations are reproduced below:-- "There is no gainsaying of the fact that it is a duty either of the P.T.A. Or of the R.T.A. To regulate the timings of departure of various stage carriages, as per subsection (3) of section 50 of the Motor Vehicles Ordinance, 1965. As per clause (iv) below subsection (2) of section 50 of said Ordinance, the copies of the fare-table and time table approved by R.T.A. Shall be exhibited on the stage carriage and at its stand/stops. This shows that it is the power and privilege of the R.T.A. To fix time tables of the stage carriages.
' After hearing learned counsel at length, we convert this petition into appeal, accept it and set aside the impugned judgment and remand the matter to the Secretary, R.T.A., to consider all aspects of the case, hear all the parties and to regulate the timings of departure of various stage carriages in accordance with law and according to the principle of equity and fair play, within a period of two months. Till the matter is decided by the Secretary, R.T.A., the order, dated 19-6-1996 would be treated and enforced as an interim order passed by this Court."
' It may be seen that after remand Regional Transport Authority had issued order specifying time- table, which was, however, successively modified arbitrarily. Ultimately petitioner challenged said orders by way of Appeal No,15/PTA of 1997 before Chairman, Provincial Transport Authority. This appeal was dismissed on 12-2-1998. Feeling aggrieved from above decision petitioner again filed Constitutional Petition No,44 of 1998 before High Court of Balochistan, Quetta. In the meantime another Constitutional Petition No,126 of 1997 raising variety of grievance pertaining to grant of route-permit and schedule of timings had been filed by the petitioner before High Court of Balochistan. Record reveals that High Court considering various aspects and controversy raised in said petition partly accepted it and remanded that case to Chairman, Provincial Transport Authority for rehearing the matter in accordance with law after affording proper opportunity of hearing to the parties. While remanding the matter High Court framed six points for consideration and adjudication by appellate authority. Relevant portion of the judgment, dated 10-3-1999 passed in Constitutional Petition No,126 of 1997 is reproduced below:-- "The following points which are required to be examined in depth before any order could be passed regarding cancellation of the Route Permit which was admittedly granted on 4-7-1996 and no appeal was filed within prescribed limits of time:--
(1) Whether the question of classification of route has been examined in the light of letter, dated 17- 2-1998 addressed to Chairman Provincial Transport Authority from Secretary, Regional Transport Authority which deals with the classification of new routes duly approved in a meeting held on 4-2- 1998 under the Chairmanship of Senior BOR/ Chairman, Provincial Transport Authority, Balochistan, Quetta?
(2) Whether the Route Permit has been issued for "PISHIN-BARSHORE KILLI NASARAN-CHUNGI' or for the route "PISHIN-BARSHORE KILLI-CHUNGI'?
(3) Whether the above mentioned routes are classified or unclassified?
(4) Whether the factum of time provided for such appeals under section 66 of the Motor Vehicles Ordinance, 1965 has been taken into consideration or otherwise?
(5) Who had issued the Route Permit for an unclassified route as a result whereof the petitioner after completion of necessary formalities started plying his bus on the said route?
(6) Whether proper opportunity of hearing has been afforded to all concerned or otherwise?
' In view of what has been stated above, the impugned order, dated 13-3-1997 passed by Senior Member, BOR/Chainnan, Provincial Transport Authority, Balochistan, Quetta, cancelling the Route Permit of petitioner is hereby set aside and matter is remanded back for rehearing in accordance with law and after affording proper opportunity of hearing to 411 concerned as it would be in the interest of justice, equity and fair play. The appeal filed by Maulvi Hayatullah (Case No,22- Appeal/PTA.96) shall be treated as pending and shall be decided within a reasonable time on merits and in accordance with law."
' Parties have conceded before us that said appeal has not yet been decided by Chairman, Provincial Transport Authority. However, on the same day Constitutional Petition No,44 of 1998 came up for hearing before High Court of Balochistan, which was dismissed simultaneously on 10- 3-1999 being premature, in view of the observations made in Constitutional Petition No,126 of 1997 (supra). Present petition for leave to appeal is directed against above judgment, dated 10-3-1999 passed by High Court of Balochistan in Constitutional Petition No,44 of 1998.
3. We have heard petitioner Maulvi Allah Noor, Malik Sikandar Khan, Advocate-General Balochistan, for official respondents and Mr. M.K.N. Kohli, Advocate-on-Record, for private respondents. After considerable discussion they all conceded that primarily main question regarding entitlement, validity of route-permit and procedure regulating time-table was under-consideration before Board of Revenue /Chairman, Provincial Transport Authority in pursuance of remand order passed by High Court of Balochistan in C.P.126 of 1997. Therefore, we consider it fair and proper that controversy specifying the time table for plying buses on respective routes should also be considered as additional question by learned Chairman, Provincial Transport Authority, after allowing proper opportunity of hearing on this aspect as well. Therefore, on conversion into appeal impugned judgments, dated 10-3-1999 and 12-2-1998 passed by High Court of Balochistan and Chairman, Provincial Transport Authority, respectively, are set aside. Resultantly Appeal No,15/PTA- 97 shall also be deemed pending for adjudication alongwith matter remanded in pursuance of judgment passed by High Court in C.P. No,126 of 1997. We, therefore, direct that Chairman, PTA, should decide above-referred two appeals after affording proper opportunity of hearing to all concerned before 30th October, 1999. Petition on conversion into appeal is disposed of in above terms. Parties are, however, left to bear their own costs.