Ms. Ritu Bahri, J.: - This petition under Article 226 of the Constitution of India is for issuance of a writ of Certiorari declaring subsection (1) and (8) of Section 3 of the Punjab Motor Vehicles Taxation Act, 1924 as substituted by Punjab Motor Vehicles Taxation (Amendment) Act, 2007 (Punjab Act No. 7 of 2008) and sub-section (8) of Section 3 of the Act as substituted by Punjab Motor Vehicles Taxation (Amendment) Act, 2011 (Act. No. 22 of 2011) (Annexure P/5) and Section 17 of the said Act as inserted vide Punjab Act No. 2 of 2008 (Annexure P/4) as ultra vires and unconstitutional being violative of Article 14 and 19 (1) (g) of the Constitution of India.

2. Before referring to the controversy raised in the present petition it is necessary to notice the background of the Motor Vehicles Act, 1988 with effect from 1.7.1989. After this Act came into force the procedure for grant of Stage Carriage has been liberalized. The permit is granted as per Section 80 of the Motor Vehicles Act, 1988.

3. A scheme was formulated under Chapter 6 of the Motor Vehicles Act 1988 and published in the Gazette notification dated 9.8.1990 (Annexure P1). This scheme was further modified while ex