ANAND TRANSPORT CO PRIVATE Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India challenges the collection from the petitioner of a fee of Re. 1/- per return trip by bus for use of the forest roads between Birgudi and Borai and between Nagari and Sankra.

(2.) THE petitioner holds stage carriage permits for operating bus services on sihawa-Borai route, which passes via Birgudi. From Sihawa to Birgudi, there is a public highway. But from Bir-gudi to Borai, there is a forest road. Similarly he holds a permit to ply buses from Dharatari to Sankra, which goes via Gattasilli sihawa and Nagari. The road between Nagari and Sankra is a forest road, while the rest of it is a public highway.

(3.) THE petitioner's buses were not permitted to pass through the forest roads without the sanction of the respondent On 5-12-1955, he applied for the requisite sanction. The respondent granted sanction on the following conditions.