Mr. Rakesh Kumar Jain, J. (Oral):- This petition is filed by the Ludhiana Auto Rickshaw Association (Regd.) for setting aside the orders dated 29.05.2014 and 03.12.2015 and also for a direction to the respondent-State not to allow maxicab to run in the garb of auto rickshaw.

2. Counsel for the petitioner has submitted that the Transport Department of the Government of Punjab issued a notification dated 04.09.1975, in exercise of the powers conferred under Section 43(1) of the Motor Vehicles Act, 1939 (hereinafter referred to as the “Act of 1939”) to the following effect:-

“In view of the hardship experienced by the travelling public, the State Transport Authority, Punjab, shall ensure that Auto-Rickshaw is allowed to ply during day and night within a radius of 10 miles of its headquarters as recorded in the route permit irrespective of the municipal limits.”

3. The petitioner has attached a sample of permit as Annexure P-2, wherein the type of vehicle is mentioned as “Three Wheeler”, the route area has been given as “within the limits of Municipal Corporation, Ludhiana” and that the vehicle could carry 4 (3+1) passengers in all. He has submitted that the State Transport Commissioner, Punjab, vide his letter dated 29.05.2014, addressed to all the District Transport Officers in the State of Punjab, has ordered that the “the cargo and passenger Autos of Continental Engines Limited having (1+5) seats, Atul Gem, Passenger Three Wheeler Autos, sold by M/s M.R.P.C. Expo. Pvt. Ltd. Authorized Dealer of M/s. Atul Auto Ltd., Ludhiana are hereby approved for issuance of Motor Cab Permit throughout the State of Punjab”. He has referred to a sample permit of the maxicab which is attached as Annexure P-5, which has been issued for the area of whole of the State of Punjab, having the maximum sitting capacity of 5+1 in all. He also referred to a letter dated 11.03.2013 of the State Transport Commissioner, Punjab, addressed to the District Transport Officers, Ludhiana, Jalandhar & Amritsar, directing that the cargo passengers motorcab vehicles having a seating capacity of 4+1, to be sold by the distributors mentioned in that letter, would not ply within the municipal limits of the cities of Ludhiana, Jalandhar and Amritsar till further orders by this Court. He has referred to a communication of the State Transport Commissioner, Punjab addressed to the District Transport Officer, Ludhiana on the subject of CWP No.17098 of 2015 titled as “Jalandhar Auto Rickshaw Workers Union vs. State of Punjab and others” wherein, while referring to Section 40 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”), it is averred that “except this the Hon’ble Punjab and Haryana High Court has stayed the plying of Motor Cab (Auto Rickshaws) run on diesel fuel in the Municipal Limits of Ludhiana, Jalandhar and Amritsar. In these cases registration has to be done in accordance with the provision of Section 40 of Motor Vehicle Act, 1988. Keeping in view of these fact, vehicles of applicants having residence address falling in Municipal Limits of these Three Cities has to be registered as per section 40 of the Motor Vehicle Act, 1988 and condition be imposed that these Motor Cab (Auto Rickshaws) will ply in Municipal Limits of rest of the cities except Municipal Limits of Ludhiana, Jalandhar and Amritsar”.

4. During the pendency of the this petition, CM Nos.1787-88 of 2016 have been filed by the dealers who wanted themselves to be impleaded as respondent Nos.6 to 11. The application was allowed on 12.02.2016. On 30.03.2016, the Court had directed the State Transport Commissioner, Punjab to be present in the Court. He appeared on the date fixed and filed his affidavit today dated 28.04.2016, in which the following averments have been made:-

“3. That in the instant case in accordance with the latest position, it is respectfully submitted that the District Transport Officer, Ludhiana i.e. the respondent no.4 in the instant Civil Writ Petition w