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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.3947 OF 2015
Sharadkumar Krishnadas Wagadre,
Aged about 45 years,
Occupation : Business,
R/o. District Transport Service,
Bus Stand, Kothi Bazar, Betul,
Madhya Pradesh. : PETITIONER
...VERSUS...
1. State of Maharashtra,
through its Secretary,
State Transport Authority,
Maharashtra State, Mumbai.
2. Commissioner Transport,
Administrative Building, 3 & 4th Floor,
Government Colony, Bandra (E),
Mumbai-51.
3. Regional Transport Officer, Nagpur
(Rural), Lal Godown, Indora Square,
Infront of Police Head Quarter,
Nagpur.
4. The Secretary,
State Transport Authority,
Moti Mahal, Gwalior, Madhya Pradesh. : RESPONDENTS
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Shri R.D. Khade, Advocate for the Petitioner.
Shri V.A. Thakare, Asstt. Government Pleader for the Respondent Nos.1 to 3.
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CORAM : SMT. VASANTI A. NAIK AND
V.M.DESHPANDE, JJ.
DATE : 7 th
MARCH, 2017.
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ORAL JUDGMENT : (PER : Smt. Vasanti A. Naik, J.) Rule. Rule made returnable forthwith. The writ petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.
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 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 ::: Uploaded on - 10/03/2017 ::: Downloaded on - 11/03/2017 00:47:13 ::: J-3947.15.odt 3/3 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
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