RAJ KUMAR GURUWARA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks to challenge the legality and validity of the implementation of the resolution dated 6-3-2000 published on 31-3-2000 (Annexure P/1) whereby fee of Rs.5/- per day and Rs.50/- for a period of one month or part, thereof, has been increased to Rs.25/- per day and Rs.500/- per month or part, thereof, for temporary use of road, land of the Municipal Council by the motor/truck/bus/matador.

(2.) The facts, in brief, as projected by the petitioner, are that the petitioner is a transporter, plying passenger buses in Bastar area i.e. from Kirandole to Sukma, Dantewada to Sukma and Matwada to Geedam. The buses have to pass through the Municipal area of Dantewada. The respondent No.2 had earlier fixed the fee at the rate of Rs.5/- per day by way of bye-laws framed under the provisions of the MP/CG Municipalities Act, 1961 (for short "the Act, 1961").

(3.) Subsequently, the respondent No.2 resolved in its resolution No.4 dated 6-3-2000 to increase the rate of fees, which was published on 31-3-2000. By resolution, the said fee, as aforestated, was enhanced from Rs.5/- to Rs.25/- per day and from Rs.50/- to Rs.500/- for one month or a part, thereof. Being aggrieved, the petitioner preferred an appeal before the Sub Divisional Officer, Dantewada (for short "the SDO"). The said appeal was, later on, withdrawn on the ground that the appeal was not maintainable before the SDO. Thereafter, the petitioner filed an objection on 13-6-2000 (Annexure P/4) to the impugned resolution, published on 31-3-2000, no decision has been taken till date. Subsequently, one more representation was submitted by the petitioner on 31-7-2000 (Annexure P/5).