VINEET KAUSHIK Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have filed the present writ petition praying for a writ of mandamus commanding the Nagar Palika Parishad, Garhmuteshwar, its agents and contractors not to realise any parking fee from the petitioners.

(2.) The facts leading to the filing of the writ petition is that the petitioners are owners of a bus and have a permit for plying their buses on the route, Meerut-Parikshitgarh-Asifabad-Laliyana extended from Asifabad to Garhmuteshwar via Nadllipur-Dhikaini. The petitioners contend that they have to pass through the town area Garhmuteshwar where the petitioners have their own private bus stand on the land owned by the Gurudwara Committee. The petitioners further contend that the Nagar Palika Parishad Garhmuteshwar has no bus stand in the town area of Garhmukteshwar nor any amenities such as drinking water, bathrooms, etc. are being provided and, consequently, they have no authority in law to charge a parking fee from the petitioners who park their vehicles on the private land of the Gurudwara. The petitioners contend that they are not parking their vehicles on the land of the Town Area, Garhmukteshwar and that they parked their buses on the roadside pavement for picking up and dropping the passengers, which road is maintained by the P.W.D. and which is not vested with the Town Area of Garhmukteshwar.

(3.) In support of his submission, the learned counsel has placed reliance upon a decision in Loni Border Shamli Mini Bus Operators Association Baraut, Baghpat vs. State of U.P. and others, in Writ Petition No.689 of 2004, decided on 12.8.2008, in which a mandamus was issued directing the respondents not to charge parking fee from those persons unless their vehicles are parked voluntarily on the parking place maintained by the respondents.