MAHIPAL SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. Heard Shri Arun Saunders learned Counsel for the petitioners, and learned Standing Counsel.

(2.) THE petitioners are stage carriage operators, plying their stage carriages on the route in question. By Section 5 (a) of the U. P. Motor Vehicles Taxation (Amendment) Act, 2001 (U. P. Act No. 25 of 2001), the Fourth Schedule of the U. P. Motor Vehicles Taxation Act, 1997 has been amended.

(3.) IN our opinion there is no substance in the argument of the learned Counsel for the petitioners. An amendment cannot be said to be arbitrary or violative of Article 19 (1) (g) of the Constitution merely because it imposes some additional burden, which cannot be passed on the passengers.