JUDGMENT : Ajay Mohan Goel, J. By way of this Writ Petition, the petitioner has challenged order dated 10.01.2023 (Annexure P-1), issued by the District Magistrate, Kangra, at Dharamshala, District Kangra, H.P. under Section 115 of the Motor Vehicles Act, 1988, in terms whereof, said authority has prohibited the movement of Auto Rickshaws and commercial vehicles on the Temple Road Jawalamukhi beyond Peeple Tree, on the ground that despite the fact that the order has been in force for more than thirty days, it has not been till date published in the Official Gazette which is mandatory in terms of the proviso to Section 115 of the Motor Vehicles Act. 2. Learned counsel for the petitioner has submitted that the scheme of the act is that under Section 115 of the Motor Vehicles Act, if the State Government or any authority authorized by the State Government in this behalf is satisfied that it is necessary in the interest of public safety or convenience etc., then it may by Notification in Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the Notification, the driving of motor vehicle or of any specified class or description of motor vehicles etc. either generally in a specified route or on a specified route. Further, in terms of the proviso, the publication of the Notification is not mandatory in the Official Gazette if the restriction is to remain enforce for not more than thirty days. However, in the present case the restriction is in force for more than thirty days and this mandatorily required publication in the Official Gazette and in the absence of publication thereof in the Official Gazette, the Order has now lost its efficacy and enforcement thereof by the respondents violates the mandate of Section 115 of the Motor Vehicle Act. Accordingly, he has prayed that the present petition be allowed and the impugned Notification be quashed and set aside. 3. Accordingly, he has prayed that the present petition be allowed and the impugned Notification be quashed and set aside. 3. In fact, when this case was heard on 31.10.2023, this Court passed the following order:- “Learned counsel for the petitioner while drawing the attention of the Court to the provisions of Section 115 of the Motor Vehicles Act, 1988, has submitted that Annexure P-1 not having been published in the Official Gazette in terms of the said Section, more so in view of the fact that the same is in force for more than thirty days, is bad in law as the same contravenes the statutory provisions of Section 115 of the Motor Vehicles Act. Learned Additional Advocate General submits that he may be granted two days’ time to have instructions in this regard. As prayed for, list on 02.11.2023.” 4. Today, learned Law Officer has handed over to the Court a copy of instructions imparted to him by Deputy Commissioner, Kangra at Dharamshala, dated 1. 11.2023, relevant portion thereof stands produced hereinunder:- “In this regard, it is submitted that order dated 10.01.2023 was issued in welfare of the general public and pilgrims. But inadvertently the same was not published in the official gazette as per the mandate of section 115 M.V Act. Now the matter will be forwarded to State Government under Section 115 of Motor Vehicles Act, 1988 for notification in the official Gazette.” 5. Thus, a perusal of the instructions imparted to learned Law Officer makes it amply clear that there is an admission on the part of the authority itself that though inadvertently, but till date the order in issue has not been published in the Official Gazette. 6. Section 115 of the Motor Vehicles Act provides as under:- “115. Thus, a perusal of the instructions imparted to learned Law Officer makes it amply clear that there is an admission on the part of the authority itself that though inadvertently, but till date the order in issue has not been published in the Official Gazette. 6. Section 115 of the Motor Vehicles Act provides as under:- “115. Power to restrict the use of vehicles.—The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction.” 7. A perusal of this Section read with proviso thereto harmoniously, leaves no room for any doubt that any Notification/order issued by the State Government or the authority authorized in this behalf by the State Government has to be mandatorily published in the Official Gazette if it is to remain in force for more than one month. 8. In this case, the date of issuance of the order passed by learned District Magistrate, District Kangra, under Section 115 of the Motor Vehicles Act is 10.01.2023. The same is still in force. Meaning thereby that the order passed under Section 115 of the Motor Vehicles Act by the authority, continues to be in force beyond 30 days, despite no publication thereof in the Official Gazette. 9. The same is still in force. Meaning thereby that the order passed under Section 115 of the Motor Vehicles Act by the authority, continues to be in force beyond 30 days, despite no publication thereof in the Official Gazette. 9. As order dated 10.01.2023 still continues to be in force without its due publication in the Official Gazette, continuation thereof is per se in violation to the provisions of Section 115 of the Motor Vehicles Act and if the same is permitted to remain in force, then the same will do violence to the letter and spirit of the provisions of Section 115 of the Motor Vehicles Act. 10. Therefore, in view of the above discussion, this Writ Petition is allowed and order impugned Annexure P-1, dated 10.01.2023 is quashed and set aside on the ground that said order could not have remained in force, for more than thirty days, without its being published in the Official Gazette. However, the quashing of the order, passed by the authority concerned, shall not be a bar upon the authority to issue any fresh Notification in accordance with law. 11. The petition stands disposed of, so also the pending miscellaneous applications, if any.