BHAGWAT SARAN RASTOGI Vs. TOWN AREA COMMITTE

JUDGEMENT

(1.) The petitioner operate stage carriages. In the course of their operation they have to enter or cross territorial limits of Town Area Committee, Alapur, District, Budaun. The State Govt. on 26th November, 1971, issued a notification promulgating Town Area Transit pass Rules, 1971,. Relying on this notification the Town Area Committee, Alapur, started charging transit pass the petitioners at the rate of Rs. 2.50 per trip. Petitioners grievance is that this levy is illegal.

(2.) By another notification dated 15th July, 1972, the State Government published rules for the realization of tool tax being levied on certain commodities and persons on entering the limits of the town area. The Schedule includes laden motor, lorry and motor trucks. It also includes other laden conveyances. These entries in this notification came up for interpretation in Civil Misc. Writ No. 27 of 1975, Abid Ali Ors. vs. Town Area Committee, Alapur Anr. A Division Bench of this court decided the Writ petition on 23rt September, 1975. It held that the word laden in the context of the notification refers to a vehicle laden exclusively with goods. It does not include vehicles carrying passengers or bona-fide luggage of the passengers.

(3.) The notification imposing transit pass Fee Rules was considered and held illegal by a Division Bench of this Court in M/s. United Provincial Transport Company, Allahabad vs. State of U.P. Ors. In view of this decision the levy of transit pass fee cannot be upheld.