Yogesh S/O Narayanrao Pote vs State Of Maharashtra Thr. Its ...
2017 Latest Caselaw 2734 Bom

WP  6924/15                                           1                             Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.
                         WRIT PETITION No. 6924/2015
Yogesh s/o Narayanrao Pote,
aged about 40 years, Occ.-business,
R/o. Prabhudhana, Chunaloma, Betul,
Dist.-Betul, Madhya Pradesh.                                                   PETITIONER

                                     .....VERSUS.....
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, Infront of Police Head Quarters,
        Nagpur.

4.      The Secretary,
        State Transport Authority, Motimahal,
        Gwalior, Madhya Pradesh.                                                RESPONDENTS

                        Shri R.D. Khade, counsel for the petitioner.
     Mrs. Harshada Prabhu, Assistant Government Pleader for the respondent nos.1 to 3.

                                      CORAM :SMT.VASANTI  A  NAIK AND
                                                  MRS. SWAPNA  JOSHI, JJ.    

DATE : 5 TH JUNE, 2017.

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 of 2014 and others and the

Division Bench at Aurangabad has, by the judgment, dated 11.03.2016,

WP 6924/15 2 Judgment

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

11.03.2016 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

APTE