(1.) Heard Shri Shiv Nath Dey. holding brief of Shri C. P. Ghildayal, learned counsel appearing for the petitioner, Shri R. U. Ansari, holding brief of Shri N. I. Jafri, learned counsel representing the respondent No. 2, and Shri Sanna Ullah, learned standing counsel appearing for the respondent No. 1.
(2.) By means of this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the bye-laws made by the Town Area. Babrala, district Budaun, whereby places for parking motor-vehicles of various descriptions, carrying passengers, have been earmarked and parking fee has been prescribed. A copy of the impugned bye-laws is Annexure-2 to the writ petition.
(3.) The learned counsel of the petitioner could not dispute that in view of the provisions of Sections 293, 293A and 298 of the U. P. Municipalities Act, 1916. and Full Bench decision of this'Court rendered in the case of Dashrath Yadav and others v. Zila Parishad Kashetriya Samiti. 1954 UPLBEC 49, and the decision of the Hon'ble Supreme Court of India rendered in the case of Municipal Board. Hapur v. Jassa Singh and others, 1977 All LJ 1520, the impugned bye-laws cannot be struck down for lack of power.