SUKHPAL SINGH BAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari quashing the order dated 5-3-2002 passed by the respondent No. 3 and for a mandamus directing the respondents to release the petitioner's tanker unconditionally. The petitioner has prayed that the U. P. Motor Vehicles Taxation (Amendment) Act 2001 (U. P. Act No. 25 of 2001) be declared ultra vires Articles 14, and 19(1)(g) of the Constitution.

(2.) Heard learned counsel for the parties.

(3.) The petitioner is the owner of tanker bearing registration number MP-24C-0377. The vehicle is covered by a National permit granted by Regional Transport Authority Durg. This permit has been granted for the States, of Chattisgarh, Maharashtra, Uttar Pradesh and Andhra Pradesh. The tanker was carrying material from Bhillai Steel Plant to Sonepat and entered the State of U. P. on 26-2-2002. The tanker unloaded the goods and returned from Sonepat and crossed the border of U. P. at Masaura and was allegedly about 8 kms away inside the State of Madhya Pradesh on Sagar Road when the vehicle was seized by respondent No. 3 on 4-3-2002. The petitioner made an application dated 5-3-2002 for release of the vehicle, on which the respondent No. 3 passed an order dated 5-3-2002 imposing ten times penalty under Section 10(3) read with S. 10(1)(b) of the U. P. Motor Vehicles Taxation Act 1997 as amended by U. P. Motor Vehicles Taxation (Amendment) Act, 2001. It is alleged in para 5 of the petition that the petitioner on 4-2-2002 deposited Bank Draft for Rs. 5,100.00 as composite fee which has been accepted by the respondent No. 3. Photostat copy of the Bank Draft is Annexure-2. The petitioner made an application for the release of the vehicle on which the Assistant Regional Transport Officer Lalitpur passed an order on 5-3-2002, imposing ten times penalty amounting to Rs. 51,000.00 and Rs. 1,100.00 under Section 200 of the Motor Vehicles Act, 1988.