NIWAS BUDHAULIA S O SRI GANESHI LAL BUDHAULIA Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY THE REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) These writ petitioners stated that the resolution dated 26th March, 2002 was passed by the Regional Transport Authority extending the permits of the petitioners on various dates on the condition that they shall pay additional tax at the enhanced rate. It is stated that the petitioners have been paying additional tax at the enhanced rate for the portion, for which they have been granted extension and they are operating their vehicles continuously for the last about one and half years uninterruptedly without any hindrance.

(2.) On 31st May, 2003 the petitioners received demand notes dated 24th May, 2003 issued by the respondent No. 1, whereby the petitioners have been directed to deposit Rs. 4800/-, as fee for extension of the route, latest by 31st May, 2003. It was also mentioned in the demand notes that in the event of failure to deposit the said amount, the grant of extension in favour of the petitioners shall be stand cancelled automatically. Demand notes are impugned hereunder. According to the petitioners, no fee can be imposed as against any operators as there is no such provision in the statute. They have jointly submitted a representation and sought extension of time to deposit the sum but the Divisional Commissioner, Kanpur Division, Kanpur/ Chairman, Regional Transport Authority declined to entertain the same.

(3.) The petitioners made the writ petition showing urgency because of time bound programme on the part of the respondents. The petitioners had also no other alternative but to deposit the sum under threat. According to the petitioners, the operation of vehicles on public route is regulated under the provisions of Motor Vehicles Act, 1988. Section 80 (3) of the said Act is as follows: