PADAM DUTT Vs. ZILA PARISHAD PITHORAGARH

JUDGEMENT

(1.) THESE are four connected writ petitions in which common question of facts and law are involved and hence they are disposed of together.

(2.) COMING to the facts of Writ Petition No. 292 of 1985, the petitioners who are residents of Tuniyas in the District of Pithoragrah, have challenged the levy of fee of Rs. 6,500/- on the petitioner no. 1 and Rs. 2,800/- on the petitioner no. 2 respectively by the Zila Parishad, Pithoragath on account of their having a shop in a portion of their house, which is situate about 1 1/2 kms. from Purnagiri temple where a mela is held every year after Holi and it continues upto Ram Navami.

(3.) WE have heard learned counsel for the parties and on going through the record and the bye-laws framed by the Zila Parishad, we find that the bye laws do not provide for levy of any amount on the shopkeepers. The bye-laws do provide for regulating the holding of the mela and the various steps that the Zila Parishad may take for administering the mela but the basis on which the fees may by levied on the shopkeepers and the basis on which the rates may vary, has not been provided in the bye-laws. In fact, towards the end of the bye-laws a list of items have been provided, giving the rates at which the fees may be imposed on them. The list of the items and the rate as given in the bye-laws are reproduced below : SUCHI 1.Motor Lory 500 rupees prati pheri 2.Bailgadi ' 50 paise prati pheri 3.Ghoda 1 rupee prati pheri 4.Ghondo ki vikri par 2 rupees prati saikada 5.Sir par ka bogh 10 paisa prati bhog 6.Bail, Gai, Bhains ki vikri par 2 rupees prati saikada 7.Pheri ke saman bachene par 1 rupee pratidin 8.Cinema, Sarkas, bioscope 10 rupees prati ratri 9.Vyaparika uddesh se maik (loudspeaker) lagane par 25 rupees pratidin 10.Nai 1 rupee pratidin 11.Aneya bastuyon par mela samiti dwara nirdharit dar se shulk liya javega. " Sd/- Anand Kumar Singh Ayukt, Kumaon Mandal, Nainital.