PANDIT RAMPRASAD PUROHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall dispose of four writ petitions being W. P. Nos. 1678/2000, 2049/2000, W. P. No. 2050/2000 and W. P. No. 2463/2000, as an identical and common controversy is involved in all these petitions. The writ petitioners in all these writ petitions have challenged the imposition of bus stand fee (Asthai dakhal Shulk) on the motor vehicles using the bus stand set up by the respondent-Nagar Panchayats. For the sake of convenience, the facts are borrowed from W. P. No. 2463/2000.

(2.) THE petitioners are the holders of Particular Stage Carriage Permit (PSTP) and on the strength of the aforesaid permit, they are plying the buses/passenger vehicles on various routes in the State of Madhya Pradesh. Respondent No. 2, Nagar Panchayat Khujner, has set up a bus stand in the municipal area Khujner. During the course of plying the buses by the petitioners, they also use bus stand Khujner fro taking up and setting down passengers at Khujner. A resolution dated February 9,2000 has been passed by respondent No. 2-Nagar Panchayat Khujner, imposing the bus stand fee on various passenger vehicles using the bus stand. A copy of the aforesaid resolution has been appended as Annexure P-2 and is subject matter of challenge in the present petition.

(3.) THE petitioners have challenged the aforesaid imposition of bus stand fee and the resolution, Annexure P-2 passed by the Nagar Panchayat, khujner, on the ground that under the provisions of Section 117 of the Motor vehicles Act, 1988, the State Government or any other authority in this behalf authorized by the State Government, may in consultation with the local authority having jurisdiction in the area concerned, determine places at which the motor vehicle may stand either indefinitely or for a specific period for taking up and setting down of passengers. The petitioners have also relied upon Rules 203 and 204 of Madhya Pradesh Motor Vehicles Rules, 1994, wherein according to the petitioners, maintenance and management of parking places has been made the responsibility of the District Magistrate of the area concerned. On the strength of the aforesaid provisions, the petitioners maintain that since the bus stand Khujner was notified by the State Government and as per the provisions of Rules 203 and 204, it was the responsibility of the District Magistrate for its maintenance, therefore, Nagar Panchayat Khujner had absolutely no jurisdiction or authority to impose a bus stand fee upon the bus operators, such as the petitioners, for using the bus stand Khujner, for purposes of taking up and setting down of passengers. Additionally, on the basis of the resolution, annexure P-2, the petitioners have also maintained that while passing the resolution, Annexure P-2, Nagar Panchayat Khujner had in fact, under the garb of a bus stand fee, imposed an entry tax on passenger vehicles for entering the municipal area of Khujner. The petitioners have also raised a grievance that there was absolutely no jurisdiction with Nagar Panchayat Khujner or any other nagar Panchayat/municipality, to impose an entry fee for entering the concerned municipal area.