- (1.) Heard Mr.K.N.Sharma, learned counsel for the petitioner.
(2.) The petitioner holds an All India Tourist Permit bearing No.1172/08 issued under Section 88(9) of the Motor Vehicles Act, 1988 (for short, hereafter referred to as 'the Act') by the Regional Transport Authority, Sikar in the State of Rajasthan. According to him, in terms of the said permit, his vehicle covered by it can ply in the States, as referred to therein, and amongst others, in Haryana and Punjab. The Government of Punjab, Department of Transport (Transport-2 Branch) vide notification No.3/10/2012-172/9 dated 03.01.2013 issued in exercise of the powers under Section 115 of the Act having prohibited the entry of "Sleeper Coaches" of the neighbouring States plying under various permits in the territory of Punjab, the petitioner is before this Court seeking its intervention to adjudge the same (notification) to be ultra vires. According to the petitioner, this notification is beyond the powers conferred by Section 115 of the Act, and therefore, is afflicted by the vice of lack of statutory concurrence. The learned counsel for the petitioner has reiterated this pleaded stand to endorse the assailment of the notification.
(3.) We have duly considered the pleaded facts, the documents annexed to the petition as well as the arguments advanced.;