- (1.) All these cases having raised a common question on more or less identical facts were considered together and are being disposed of by this common order.
(2.) The essence of the relief prayed for in the writ petition is for a direction to the Respondents not to interfere or cause any obstruction in the running of the Sunday car bazar by the Petitioners in Feroz Gandhi Market, Ludhiana. According to the Petitioners, they are stall holders in the said market for which licences have been issued by the Municipal Corporation, Ludhiana. They earn their livelihood by carrying on the business of sale and purchase of second hand cars which is conducted only on Sundays. Such a right according to the Petitioners has already been recognized by this Court by orders dated 22.05.2006 and 22.08.2008 passed in Civil Writ Petition No. 5692 of 2003 and Civil Writ Petition No. 2174 of 2007 (Annexures P-3 & P-4).
(3.) While the Municipal Corporation of Ludhiana support the Petitioners in asserting their right to carry on the business on one day of the week i.e. Sunday, the self impleaded fifth Respondent has pleaded that it is not only on Sundays but on every day of the week that the said business is carried on by the Petitioners which is affecting the business of the traders represented by the Respondent Association. That apart, the right of the Petitioners to carry on the said business has also been questioned. In so far as the running of the business of sale and purchase of Cars on Sundays is concerned, it is the case of the said Respondent that Sunday is the weekly cleaning day of the other stalls and any business of sale and purchase of cars on a Sunday interferes with such activities which is vital to the smooth conduct of the business of the members of the Respondent Association.;