wp5715.14.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5715/2014
PETITIONER: Saiyyed Yusuf Ali
aged about 44 years, Occ. - Business,
r/o Heena Bus Services, Ganj Betul
Distt. Betul, Madhya Pradesh.
...VERSUS...
RESPONDENTS : 1. State of Maharashtra, through its
Secretary, State Transport Authority,
Maharashtra State, Mumbai.
2. Commissioner Transport, Administrative
Building, 3rd and 4th Floor, Bandra (E),
Mumbai - 51.
3. Regional Transport Officer, Amravati (Rural),
through Office of Govt. Pleader, High Court,
Nagpur.
4. The Secretary, State Transport Authority,
Moti Mahal, Gwalior, Madhya Pradesh.
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Shri Rahul Khade, Advocate for petitioner
Mrs. B.H. Dangre, G.P. for respondent nos.1 to 3
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CORAM : SMT. VASANTI A NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 20.12.2016 ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.) Heard.
The issue involved in this case was also involved in a bunch of writ petitions bearing Writ Petition No.4098/2014 and others and the ::: Uploaded on - 22/12/2016 ::: Downloaded on - 23/12/2016 01:38:19 ::: wp5715.14.odt 2 Division Bench at Aurangabad has, by the judgment, dated 11.3.2016 allowed the writ petitions after declaring that the respondents have no authority in law to levy and demand the passenger tax @ 70% of the load factor of the seating capacity of the passenger transport vehicle. It appears that while allowing those writ petitions, the State Government was directed to adjust the amount that was deposited by the petitioners in those writ petitions, in terms of the interim order towards the tax payable in future. Since the issue involved in this writ petition and the decided writ petitions is identical, it would be necessary to pass a similar order in this writ petition.
Hence, for the reasons recorded in the judgment, dated 11.3.2016 in the bunch of writ petitions bearing Writ Petition No.4098/2014 and others, it is hereby declared that the respondents do not have any authority in law to levy and demand the passenger tax @ 70% of the load factor of the seating capacity of the passenger transport vehicle. The respondents are free to adjust the amount deposited by the petitioner in terms of our interim orders towards the tax that would be liable to be paid by the petitioner, in future.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Wadkar
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