AASGAR ALI Vs. NAGAR PANCHAYAT, RANIPUR, HARIDWAR

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have challenged the levy of collection of (Teh Bazari) fee for services rendered in the area which previously was within the area of Nagar Panchayat, Ranipur.

(2.) VIDE notification dated 19.5.1995 issued by the State Government issued in exercise of powers under provision to article 243 (Q) of Constitution of India, the area in question has been notified as industrial area. It is not in dispute that after the issuance of the said notification dated 19.5.1995, the said area which falls within the said notification, that shall be governed by the U.P. Industrial Development Act, 1976 and the Nagar Panchayat, Ranipur ceases to exercise any of its powers in that area. It is also not in dispute that the petitioners were carrying on business prior to the notification and after the notification also in that area which was notified by notification dated 19.5.1995. The Teh Bazari which was being levied and collected for the services rendered, those services are still being rendered by the Nagar Panchayat, Ranipur.

(3.) IN view of the change position after issuance of notification dated 19.5.1995, the Nagar Panchayat, Ranipur stood abolished and ceased to exist. The petitioners carry their business in the small shops and still they are allowed to carry their business by the B.H.E.L. even after that notification. The employees employed by the Nagar Panchayat, Ranipur up to sweepers are still working there and are under the employment. The source of payment of salary to the employees employed by erstwhile Nagar Panchayat, Ranipur was the levy and collection of Teh Bazari. No government grant ever has been given to the erstwhile Nagar Panchayat after 19.5.1995 and after the collection of Teh Bazari fees, the salaries are being paid.