Devinder Gupta, J.:- Petitioners have questioned the legality and validity of Memorandum (Annexure PB) dated 18th April, 1984 issued by the Commissioner Transport, Himachal Pradesh, Shimla.

2. Petitioners, the petty transporters are owning and possessing public carrier trucks having national permits. For purchase of their vehicles they had obtained loan from various financial institutions namely Nationalised or non-Nationalised Banks, Himachal Pradesh Financial Corporation etc. It is their case that respondent No. 2 on 18th April, 1984 issued a Memorandum, purpoting to insist upon the production of no objection certificate from financial institutions at the time of issuance/renewal of certificate of fitness. This requirement, according to petitioners is not in consonance with the provisions of law and the same is under challenge being ultra vires and unconstitutional.

3. Writ petition is contested by respondents. Reply has been filed on the affidavit of Secretary State Transport Authority, wherein it has been stated that requisite instructions have been issued by the Commissioner, insisting upon the production of no objection certificate from the financing institutions, at