MAHIPAL SINGH YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) 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.) We have carefully perused the impugned amendment and find no unconstitutionality in the same. It may be stated that to challenge the constitutional validity of a provision of an Act, only one argument is available to the petitioners, namely, that the provision in the said Act is ultra vires some provision of the Constitution.