MOHD RIHANA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners bus was engaged by the U.P. State Road Transport Corporation, Lucknow (hereinafter referred to as the "UPSRTC") as per an earlier scheme under which private vehicles were engaged for Public Transport and in pursuance thereof an agreement was entered between the petitioners and the UPSRTC on 8.11.2010. An Administrative Fee was deducted from the money payable to the bus owners. Rate of such fee, which was to be fixed by UPSRTC, was in fact fixed at Rs.4.64 per Km. Subsequently a new scheme was launched by the respondents on 20.10.2011. After coming into force of the new scheme, the petitioners moved an application for cancellation of the earlier agreement, which was accepted by the respondents and the said agreement was cancelled on 27.3.2012. Subsequently, on 4.4.2012 a fresh agreement was entered between the petitioner and the UPSRTC under the new scheme dated 20.10.2011. As per Clause 12.3 of the agreement dated 4.4.2012 the Administrative Fee as determined by UPSRTC and acceptable to the petitioner would be deducted from the income per Km. and the amount payable to the bus owner shall be determined accordingly. Undisputedly the said Administrative Fee under the new scheme was determined at Rs.3.75 per Km.

(2.) However, by means of the impugned order dated 6.10.2012 the enhanced Administrative Fee @ Rs.4.64 per Km. was ordered to be deducted on the ground that some of the vehicles engaged under the new scheme were being plied under the earlier scheme at the aforesaid rate.

(3.) During the pendency of the writ petition another order dated 27.2.2013 has been passed whereby the Administrative Fee has been fixed at Rs.3.95 per Km. even under the new scheme.