KOLONG VALLEY BUS SANTHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) 1. This application Under Article 226 of the Constitution of India has been filed praying the following reliefs :- i) To restrain the Respondent No. 3 from realising the Entry fee ^ or parking fee from the vehicle of the petitioner, ii) To quash the action of the authority imposing entry fee or parking fee on the vehicle of the petitioners by Respondent No. 3, that is, by the D.T.O. Morigaon. Annexure-A is quoted below :- Annexure -A With reference to your petition dated 28/6793 the consideration for selection of parking place and halting station for buses run by the "Kollong Valley Bus Santha," Morigaon is under process under Section 117 of the Motor Vehicles Act, 1988. Till finalisation of selection of parking and halting station, the Supdt. of Police, Morigaon is requested to maintain the arrangement that was in existence prior to 28/6/93. Regarding your proposed arrangement for parking place and halting station on the land owned by individual near "Bhogati Hotel," Morigaon, you are hereby advised to formally reply to the "Morigaon Town Committee for obtaining licence as per Section 213(1) of the Assam Municipal Act, 1956, whereby the Town Committee is empowered to issue such licence."

(2.) By this Annexure it was directed that the petitioners are to apply to the Morigaon Town Committee for obtaining a licence as per Section 223 (1) of the Assam Municipal Act, 1956 whereby the Town Committee is said to be empowered to issue such licence. It is contended that this direction is without authority of law.

(3.) The brief facts are as follows : In 199(0 the Morigaon Sub- Division of Nagaon District was converted to a separate District as Morigaon District. In 1992 all the records relating to the petitioners' vehicles maintained by D.T.O., Nagaon have been shifted to D.T.O. Morigaon. In September, 1992 a new Association was formed by the petitioners under the name and style of Kollong Valley Bus Santha. On 10/5/93 the petitioner's Association entered into an agreement with a private person tor using his land as parking place. On 17/3/93 Morigaon Town Committee asked the petitioners not to parking their vehicles in the aforesaid private land. In fact persons from Morigaon Town Committee asked the drivers of the vehicles of the petitioners not to park their vehicles on the aforesaid private land. On 28/6/93 the petitioners filed an application before the Deputy Commissioner, Morigaon about the difficulties in parking their vehicles at Morigaon Town. The Deputy Commissioner, Morigaon informed the petitioners vide Annexure-A, quoted above to file application before the Municipal Committee as indicated above. On 2/7/93 the petitioners informed the Morigaccx Town Committee about the aforesaid letter ftated 29/6/93 (Annexure-A) regarding parking place. From 10/7/93 the Morigaon Town Committee forcefully collected entry fee, Stand fees or parking fees on the vehicles of the petitioners at the rate of Rs. 10/- for the buses and Trucks and at the rate of Rs. 15/-(Five) from the Mini Buses as will be evident from Annexure-D series. On 12/7/93 the petitioners submitted application before the Deputy Commissioner, Morigaon about the forceful realisation of taxes by the Town Committee. But nothing was .done. Hence this Writ Application. I have heard Shri A.C. Bora, learned Advocate for the petitioners and the learned Government Advocate, Assam for Respondents No. 1,2 and