URMILA KOTHABI Vs. TOWN MUNICIPAL COUNCIL KALGHATGI

JUDGEMENT

(1.) This appeal arises out of and is directed against the order dt.3-3-1976 of Srinivasa lyengar, J, dismissing the appellant's petition, seeking for the issue of a writ in the nature of mandamus directing the Town Municipal Council of Kalghatgi in Dist of Dharwar, to forbear from levying a' supervision-fee' with respect to the appellant's trucks passing through the State High-ways within the territorial limits of the said Municipal Council.

(2.) The relevant and undisputed facts are that appellant, as subcontractor of M/s West End Minerals and Exports P.Ltd., which latter is stated to be the transport-contractor of Mysore-Minerals Ltd, is engaged in the transport from-Railyard at Hubli to the harbours at Karwar and Balakheri of iron-ore of the said Mysore Minerals Ltd, brought from mine-heads- in Hospet taluk to Hubli by Railway wagons. It is not disputed that appellant's trucks carrying the said irom-ore pass through: the municipal areas of Kalghatgi Town, which lies en-route, do not unload their cargo at any intermediate point between Hubli Railyard and the destination i.e., Karwar or Belekeri harbours.

(3.) Under certain resolutions passed by the Municipal Council and approved by the State Govt., the former is stated to be competent to levy, inter alia, a fee under S.124 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the Act) read with Rule 26 of the Karnataka Municipalities Taxation Rules, 1965, at one rupee per lorry for the issue of a transport-permit. Accordingly, a fee at the said rate is sought to be levied on the trucks of the appellant for each of their trips along the highway within the municipal limits of Kalghatgi. The said S.124 of the Act reads :