(1.) AGGRIEVED over the collection of toll fee, a group of educational institutions, had filed a batch of Writ Petitions. Among them, the appellant is one of the petitioners therein in W.P. (MD). No. 11890 of 2013. The learned Judge had dismissed all the Writ Petitions holding that the respondents were justified in collecting the toll fee. As a result, the appellant has come up with this Writ Appeal.
(2.) THE facts of the case, in a nutshell, are as follows: -
(3.) THE learned counsel appearing on behalf of the respondents submitted that but for the mistake committed by the respondents by collecting Rs. 1,000/ - way back in the year 2009, as toll fee for the College buses, the said benefits cannot be extended eternally in view of various factors. When the notification is clear that the benefits is only for the schools, by any stretch of imagination, it cannot be construed for the college also. He further submitted that the present revised rate is to be effected only from 01.09.2014. In that way, the appellant is getting benefited to a great extent. Since the mistake is on the part of the respondents in fixing the tool fee for the College, they are not demanding the arrears of the toll fee from the appellant, till 30.08.2014. When the respondents have come forward with clear hands, this appellants cannot turn around to say that they would pay only Rs. 1,000/ - per month for ever, that too, the appellant is a Self -financing College. Such contention has been elaborately dealt with by the learned Judge and it does not warrant any interference from this Court. Therefore, this Writ Appeal is liable to be dismissed.