ABID ALI Vs. TOWN AREA COMMITTEE

JUDGEMENT

(1.) BY means of this petition the petitioners have challenged the validity of a Notification dated 9-6-1976 issued by the Town Area Committee, Alapur, District Budaun imposing Tahbazari fee on various vehicles which were passing or re-passing through the streets within the limits of the Town Area.

(2.) THE controversy raised in this petition, in our opinion, stands concluded by series of decisions of this Court in which an identical issue came up for consideration and it was answered against the Town Area.

(3.) WE are in entire agreement with the law stated in the aforesaid decision. In our opinion, the Tahebazari fee which is contemplated under section 298-E (b) is leviable only where the public street is used for the purposes mentioned therein, namely, by itinerant vendors or by any person for the sale of articles, or for the exercise of any calling or for the setting up of any both or stall, etc. The Town Area cannot levy this fee on the vehicles which are merely passing or repassing within its local limits over the streets even if the same are maintained by the Town Area. Such a levy was expressly struck down by this Court in the decision cited above. It may also be mentioned here that the decision in Sardar Jagdish Singh v. State of U. P., referred in the passage cited above was also affirmed in Special Appeal which was dismissed by this Court in October, 1976 (vide a judgment in Special Appeal No. 718 of 1967).