RAVINDRA KUMAR Vs. ZILA PARISHAD KANPUR DAHAT

JUDGEMENT

(1.) R. A. Sharma, J. By means of this writ petition the petitioners, who are transport operators have challenged the bye-laws framed by the Zila Parishad Kanpur Dehat levying parking fee for use of stand fixed by it on 23-12-1993 the Zila Parishad which was represented through a counsel in this court was granted two weeks time to file counter affidavit. But no counter-affidavit was filed. On 17-1-1994 one week's further time was granted to the respondent to file counter-affidavit, but no counter-affidavit has been filed till now. We have heard learned counsel for the petitioner and Sri Rajesh Kumar learned counsel for the respondent.

(2.) LEARNED counsel for petitioner has made two submissions in support of the writ petition viz. (1) the Zila Parishad has no jurisdiction to fix parking/ halting place, and (2) the petitioners do not use the parking/halting places fixed by the Zila Parishad and as such the respondent cannot force them to pay the fee.

(3.) ZILA Parishad can charge fee for use of halting/parking places only when vehicles stand/halt over there. But when halting/parking places fixed by ZILA Parishad are not used by the petitioners it has no jurisdiction to compel them to pay parking/halting fee. The operators cannot also be com pelled by placing barriers on the need to pay parking fee, if they do not want to park/halt their vehicles at those stands.