NARESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. B.P. Pandey for the petitioner, and Mr. R.K. Dutta, learned SC No. 4, for the respondents. This writ petition is directed against the order bearing Memo No. 678, dated 11.7.2001, issued under the signature of respondent No. 3 (District Magistrate, Nalanda at Biharsharif), in purported exercise of powers under Section 117 of the Motor. Vehicles Act, 1988 (hereinafter referred to as 'the Act'), read with Rule 214 of the Bihar Motor Vehicles Rules 1992 (hereinafter referred to as the 'Rules'), whereby and whereunder parking charges have been imposed on the buses and other modes of road transport carrying tourists and pilgrims at Rajgir.

(2.) ACCORDING to the writ petition, the petitioner is the holder of a permanent stage carriage permit No. 186/2001 for the period 5.6.2001 to 4.6.2001 with respect to bus No. BR-25/7194 for the route photo copy of the permit is marked Annexure-1 to the writ petition issued by the Magadh Regional Transport Authority, Gaya. It appears from a perusal of the same that the petitioner has been allotted the route Gaya to Biharsharif via four stations including Rajgir to & fro. It further appears from a perusal of the time table annexed to the permit that the petitioner has been allowed another trip to and fro in the second half of the day. Respondent No. 3 has issued the impugned order in purported exercise of powers under Section 117 of the Act read with Rule 214, whereby a parking fee at Rajgir for the buses/vehicles carrying tourists and pilgrims as per the details mentioned therein.

(3.) I have carefully considered the submissions of the learned Counsel for the parties. Learned Standing Counsel is right in his submission that Section 117 is the generic provision providing for parking places and halting stations with respect to all kinds of buses/vehicles covered by the Act and the Rules thereunder. Section 117 reads as follows: