ANIL TRIVEDI Vs. M.P. STATE ROAD TRANSPORT

JUDGEMENT

(1.) THE material facts giving rise to this petition under Article 226 of the Constitution are as follows:

(2.) THE petitioner is an Advocate and a social worker and a resident of Indore city. The respondent is a Corporation constituted under Section 3 of the State Road Transport Corporation Act, 1950. The respondent-Corporation is providing transport services throughout the State of Madhya Pradesh and is also running stage carriages on inter-State routes. The respondent-Corporation introduced a scheme with effect from 1-11-1983 according to which it started charging a sum of Rs. 2/- per ticket as service charge from those passengers who do not purchase their tickets from the booking widows but from the Conductor of the Bus. The petitioner contends that the charging of Rs. 2/- per passenger by the Corporation in the name of service charge is not authorised by law in asmuch as under the notification issued by the State Government under Section 43(1) of the Motor Vehicles Act (for short 'the Act'). the Corporation is. not entitled to recover any amount from the passengers over and above the fare fixed pursuant to the directions issued by the State Government in that notification. The petitioner has prayed that the charge of Rs. 2/- per passenger as service charge introduced by the Corporation with effect from 1-11-1983 be declared void and the respondent be restrained from recovering the said charge from the passengers.

(3.) HAVING heard the petitioner in person and the learned Counsel for the Corporation we have come to the conclusion that this petition deserves to be allowed.