MOHAMMAD YUSUF KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner, Mohammad Yusuf Khan, in his individual capacity as also in the capacity of Secretary of the Union of Three Wheeler (Auto-Rikshaw) Operators, Kamalganj, district Farrukhabad, has filed this writ petition under Art. 226 of the Constitution of India. He has prayed that bye-laws regarding parking fee made by Town Area Committee, Kamalganj, Farrukhabad, respondent No. 3, published in U.P. Gazette on 30-3-1991 at page 255, Annexure No. 1 to the writ petition, be declared unconstitutional and void. In the alternative, he has prayed that of the above bye-laws the by-law which imposes fees of Rs. 2.00 per trip on a three-wheeler be declared ultra vires.

(2.) . In the writ petition it has been averred that the respondent No. 3 is a local body, which manages the affairs of the town-area Kamlganj, that the petitioner has been plying his three-wheeler (Auto-rikshaw) in between Kamalganj and Fatehgarh, district Farrukhabad, the distance being 10 kilometers in between them; that the respondent No. 3 imposed parking fees upon the petitioner and other operators of the three-wheelers at the rate of Rs. 2.00 for each trip; that the respondent No. 3 provides no facility whatsoever to the owners and operators of the three-wheelers (Auto-Rikshaws) making use of the road passing through the town of Kamalganj; that no place for parking of the three-wheelers (Auto-rikshaws) has been provided by the respondent No.3 and parking place as mentioned in the bye-laws is illusory; that the petitioner plies his auto-rikshaw and takes about ten rounds and is made to pay Rs. 20.00 each day, which is arbitrary and onerous, that motor, lorry, bus, truck, taxi and tractor cover a long distance and take one trip in a day and pay lesser fees for one trip only; that the respondent No. 3 renders no service, hence, the imposition of fee is bad and is violative of Articles 14 and 19 of the Constitution of India; that the imposition of fees of Rs. 2.00 for each trip is a tax and not fees; and thatno procedure for imposing the tax has been adopted by the respondent No. 3.

(3.) . The respondent No. 3 has filed counter affidavit and has averred that the Town-Area Committee, Kamalganj manages the affairs of town Kamalganj; that the petitioner plies three-wheeler between Kamalganj and Fatehgarh and distance in between the two is 12 kilometers; that the respondent provides all facilities to the petitioner like place for parking of auto-rikshaws, light and water etc. and also repairs the parking place from time to time and has also provided big pieces of land with all facilities where the petitioner parks his auto-rikshaw in the day and night after the trip; that the petitioner usually takes five rounds in a day and pays only Rs. 2.00 for each round which is a very petty amount; that the bye-laws for imposing the parking fees have been framed in accordance with the provisions of law; and that they are absolutely legal.