MISTRA NAND KAUSHIK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for a writ in the nature of mandamus directing the respondents not to realise any toll tax from the petitioner, or in the alternative, to charge only at the rate of Rs. 3.75 for the outward journey alone and not for the return journey if it is completed by the midnight of the following day.

(2.) THE petitioner plies a stage carriage under a temporary stage carriage permit on Muzaffarnagar- Budhana-Kandla-Issopur Teel route. This route crosses river Hindon at Budhana. The State Government hap constructed a bridge over river Hindon. This bridge was opened for traffic from 21st September, 1960 Persons using this bridge were subjected to the levy of toll tax from that date Several stage carriage operators of this route challenged the levy of the toll tax by writ petitions filed in this Court. Mohammad Ibrahim v. State of U P Writ Petition No. 1809 of 1961 = (AIR 1967 All 241 writ petitions were heard and decided by a learned Single Judge of this Court on 21-9-1965. By his judgment the learned Single Judge repelled the various constitutional grounds urged to challenge the levy and held that under the notification dated 1-11-1956 the respondents were entitled to recover toll at the rate of Rs. 3.75 from the petitioners in respect of their stage carriage having a carrying capacity of more than 12 passengers, for using the Hindon bridge and that no toll was chargeable in respect of the return journey, if the return journey was completed by the midnight of the following day and the toll receipt for the outward journey was produced. The learned Judge also held that the notification dated 22-3-1963 on which reliance was placed on behalf of the respondents, did not alter the situation either with respect to the rates of toll or with respect to exemption from payment of toll on the return journey, if completed by the midnight of the following day, and if the original ticket was produced. He held that the action of the State Government in levying toll at the rate of Rs. 5.62P. per vehicle was not justified. He directed the State Government to realise toll only at the rate of Rs. 3.75 P. per vehicle for the outward journey. The petitioner states that in spite of the said decision of this court, the respondents are continuing to levy toll at the rate of Rs. 5.62 P. Though the copy of the judgment of this Court was placed before the respondent, they demur from acting in accordance therewith on the plea that the benefit of the said judgment will be given only to the operators who were parties in the writ petitions which were disposed of by the said judgment. On that account the petitioner has come to this court at this stage.

(3.) THE U. P. Gazette dated 30th July, 1960 published a notification No. 2284-CW/ XXTII-P.W.A-58-C(W)- 60- dated July 19, 1960. This notification stated that in exercise of the powers conferred by Section 2 of the Indian Tolls Act, 1851 (Act VIII of 1851) and in pursuance of the provision of paragraph 2 of the Government notification of No 5495(3) C/XXVIII - PWA-217-C-58. dated November 1, 1956, the Government of Uttar Pradesh is pleased to notify the bridge over the Hindon River at Budhana on Muzaffar-nagar-Budhana Road in Muzaffarnagar district as a bridge which shall be subject to the levy of tolls from the date it opens to traffic on the terms and condition laid down in the aforesaid notification as amended from time to time. By virtue of this notification the bridge at river Hindon became subject to the notification dated 1st November 1956, and tolls were levied on that bridge from the date it opened to traffic. The notification dated November 1, 1956 was amended from time to time Ultimately the State Government issued a notification No 2662C/XXIII-PWA-133C/1960. dated March 22, 1963. The opening part of this notification stated:--