CHHOGALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Chhogalal, who is a bus operator holding a permit on Jalore to Bagoda route, has filed this writ petition challenging the validity of the resolution adopted by the Municipal Board, Jalore, on 28th of June, 1971, demand-ding as licence fee or rent Rs. 15/- per month per bus for the use of the bus stand in the town of Jalore.

(2.) CONTENTION of the petitioner is that bus stands are fixed by the Regional Transport Authority under sec. 76 of the Motor Vehicles Act read with rule 134 of the Rajasthan Motor Vehicles Rules, 1951, and it is only the Regional Transport Authority that can prescribe any fee to be paid by the owners of the public vehicles for the use of the place earmarked as a bus stand. According to the petitioner, the Municipal Board, Jalore, has no authority to charge either fee or rent from the bus owners for the use of the bus stand where it is incumbent for the bus owners to stop their buses under the provisions of the Motor Vehicles Act.