Narayan S/O. Shrikrishna Pote vs State Of Maha., Through Its ...
2017 Latest Caselaw 4139 Bom

 0607WP5674.15-Judgment                                                                         1/2


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                      WRIT PETITION NO.  5674  OF    2015

 PETITIONER :-                        Narayan s/o ShriKrishna Pote, aged about 61
                                      years,   Occ.   -   business,   R/o.   N.P.Transport,
                                      Prabhudhana, Post - Chunalona, Dist. Betul,
                                      Madhya Pradesh.

                                         ...VERSUS... 

 RESPONDENTS :-                  (1) State of Maharashtra, through its Secretary,
                                     State   Transport   Authority,   Maharashtra,
                                     Mumbai. 
                                 (2) Commissioner   of   Transport,   Administrative
                                     Building,   3rd  and   4th  Floor,   Dr.   Ambedkar
                                     Udyan, Government Colony, Bandra (East),
                                     Mumbai-400 051.
                                 (3) Regional Transport Officer, Nagpur (Rural)
                                     Lal   Godown,   Indora   Square,   In   front   of
                                     Police Head Quarters, Nagpur.   
                                 (4) The   Secretary,   State   Transport   Authority,
                                     Motimahal, Gwalior, Madhya Pradesh. 
 ---------------------------------------------------------------------------------------------------
                      Shri R.D.Khade, counsel for the petitioner.
     Mrs.Mrunal Naik, Asstt.Govt.Pleader for the respondent Nos.1 to 3.
 ---------------------------------------------------------------------------------------------------

                                        CORAM : SMT. VASANTI    A    NAIK & 
                                                    ARUN  D. UPADHYE
                                                                     ,   JJ.

DATED : 06.07.2017

O R A L J U D G M E N T (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 of 2014 and

0607WP5674.15-Judgment 2/2

others and the Division Bench at Aurangabad has, by the judgment,

dated 11/03/2016 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 petitioners, 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

11/03/2016 in the bunch of writ petitions bearing Writ Petition

No.4098 of 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 


 KHUNTE