MUNICIPAL BOARD, MORADABAD Vs. GOPI CHAND

JUDGEMENT

(1.) THE question referred to this Bench for decision runs as follows:

(2.) IT is admitted that, as the material on record stands at present, there is no proof that the licensing fee in question that is levied by the Municipal Board of Moradabad is a fee in lieu of, services to be rendered or that there is any quid pro quo involved. Our answer to the question submitted to us therefore is in the negative. We express no opinion as to whether it would be proper at this stage to allow the Municipal Board to lead evidence to show that there is a quid pro quo and that services are to be rendered commensurate with the amount charged.