Smt. Rinki Rastogi And 3 Others vs State Of U.P. And 3 Others
2019 Latest Caselaw 3517 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - A No. - 6449 of 2019
 

 
Petitioner :- Smt. Rinki Rastogi And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Akhilesh Kumar Singh
 
Counsel for Respondent :- C.S.C.,A.S.G.I.
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Prakash Padia,J.

Heard Sri Akhilesh Kumar Singh, learned counsel for the petitioners, Sri R.K. Jaiswal has appeared for the respondent no. 2 and learned Standing counsel for the respondent nos. 1, 3 and 4.

The petitioners are aggrieved with the realization of additional fee in pursuance of Rule 81 of the Motor Vehicles Rules, 1989 as amended from time to time.

The submission is that the aforesaid rule has already been struck down by the Division Bench of Madras High Court vide judgment and order dated 03.04.2017 and as such the respondents cannot realize any dues. Similar writ petitions have already been entertained by this Court wherein the interim order has been passed staying the realization of the additional amount.

In view of the aforesaid facts and circumstances we direct the learned counsel for the respondents to file counter affidavit within a month, two weeks' thereafter allowed to the learned counsel for the petitioners to file rejoinder affidavit.

List for admission/final disposal on the expiry of the aforesaid period.

Until further order of this Court, no additional fee shall be realized from the petitioners in pursuance to the amended Rule 81 of the aforesaid Rules.

Order Date :- 25.4.2019

Pramod Tripathi