PANDIT RAMPRASAD PUROHIT Vs. STATE OF M P

JUDGEMENT

(1.) This intra-Court appeal arises out of a common order dated 15-1-2008, whereby four writ petitions were dismissed by the learned Single Judge. The appellants had preferred W.P. No. 2463/2000, therefore, we may notice the relevant facts from the said writ petition for the disposal of this appeal.

(2.) Appellants carry on business of public transport service and for that purpose, they hold several stage carriage permits for plying public service vehicles. Details of those permits were set out in Annexure P/l annexed with the writ petition. The said writ petition was filed challenging the Resolution No. 10 dated 9-2-2000 passed by Nagar Panchayat, Khujner, District Raj garth (Biaora) for imposition of bus-stand fee on the public service vehicles and stage carriage coming and going from Nagar Panchayat, Khujner at the rate mentioned therein. Said imposition of fee was made effective from 1-4-2000. They challenged the levy of bus-stand fee on the ground that there was no provision of levy of such fee under the M. P. Municipalities Act, 1961 (hereinafter referred to as "the Act" for short) on the ground that the Nagar Panchayat, Khujner has no power or authority to set up a bus-stand or charge any fee in respect thereof, therefore, the imposition of fee in terms of Resolution No. 10 dated 9-2-2000 is illegal and unauthorised.

(3.) A reply was filed by the Nagar Panchayat, Khujner and it was stated that Nagar Panchayat, Khujner under the provisions of the Act had power to establish a bus-stand and in order to maintain the bus-stand by providing cleanliness, sheds for passengers, urinals, etc. Nagar Panchayat, Khujner had validly imposed the said fee on the vehicles using the said bus-stand within the limits of Nagar Panchayat, Khujner. Thus, Nagar Panchayat, Khujner justified the Resolution No. 10 dated 9-2-2000. Nagar Panchayat, Khujner had also taken a stand that the levy of such fee was justifiable under section 349 of the Act and had placed reliance on a decision rendered in W. P. No. 321/1996, Bus Operators Association, Tikamgarh and others vs. State ofM. P. and others.