RODU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Gram Panchayat, Parwan, gave theka of 'bajri Kar' and Rasta Durusti Kar'. THE petitioner was given contract in auction in the year 1991, as his bid was highest. For the year 1992-93, again the auction proceedings took place and contract of Nake Parwan, was given to Mangal Singh whereas contract of Chungi No. 2 (Keria) was given to Om Prakash Sharma and other persons.

(2.) THE petitioner has filed the present writ petition with the allegations that under Rule 113 of the Rajasthan Panchayat (General) Rules, 1961, (hereinafter referred to as the Panchayat Rules), no vehicle tax can be levied by a Panchayat, in respect of the vehicle. THE argument of the counsel for he petitioner is that the Panchayat is charging vehicle tax, which he can not charge under the Motor Vehicles Act and also under Rule 113 of the Panchayat Rules. In support of his arguments, he also placed reliance on a judgment of this Court, reported in 1989 W. L. N. (U. C.) 36 (1 ). He prayed that the Gram Panchayat, Parwan, and the respondent be restrained from collecting vehicle tax from the petitioner and other persons.