Sharadkumar Krishnadas Wagadre vs State Of Maharashtra Through Its ...
2017 Latest Caselaw 560 Bom

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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

        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri R.D. Khade, Advocate for the Petitioner.
        Shri V.A. Thakare, Asstt. Government Pleader for the Respondent Nos.1 to 3.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                               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

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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