KUSUM Vs. TOWN AREA BABARPUR

JUDGEMENT

(1.) AFFIDAVITS having been exchanged between the parties, the petition is being disposed of finally with the consent of learned counsel for the parties.

(2.) THE petitioners who hold stage carriage permits have questioned the power of the respondent Town Areas to realize Tahbazari from them. THEy state that their stage carriage permits related to Babarpur Sahail via Dibiapur, Dinwamau. THE portion from Babarpur to Dibiapur is a notified route. Accordingly the petitioners are barred from picking up or setting down passengers between Babarpur and Dibiapur. It is stated that in the course of their journey the petitioner's vehicles pass through the town Atsur which falls between Babarpur and Dibiapur. But in view of the corridor restrictions they cannot pick up or set down passengers at Atsur. THEir terminus is at Babarpur and the allegation is that Babarpur has not constructed any parking place within that Town Area. So far as Atsur is concerned the petitioner's case is that they merely pass through that Town Area and, in any case, the Atsur Town Area not having provided any parking place nor do they use any public land belonging to the Town Area of Atsur, the said Town Area could not levy and collect Tahbazari from the petitioners. Like-wise, the Babarpur Town Area has imposed Tahbazari with effect from March 15, 1989 and have started realizing Rs. 5/- per vehicle from the petitioners even though it has not provided any parking place.

(3.) RELYING on various decisions, Sri L. P. Naithani, learned counsel for the petitioners, submitted that the Town Areas have no power to levy Tahbazari on the vehicles of the petitioners because they have a right to pass and re-pass and even stop to pick up and set down passengers on the public road which belongs to the State Government. Such a right it is urged has been recognized by the Supreme Court as well as this Court in numerous decisions.