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Jharkhand High Court · body

2010 DIGILAW 522 (JHR)

Bramhdeo Yadav v. Union of India

2010-04-22

AMARESHWAR SAHAY

body2010
JUDGMENT Amareshwar Sahay, J. Heard the counsel for the parties. 2. The petitioner has filed the instant writ petition for issuance of writ in the nature of mandamus commanding upon the respondents to show cause as to why and under what authority, the respondent no. 3 i.e. the Sahebganj Municipality is collecting the entry fees from the commuters using the National Highway 80, a portion of which runs through Sahebganj Sub Division and falls within the area of Sahebganj Municipality. 3. According to the petitioner, he is the owner of the Truck bearing No. BR 35 1974 and he uses his truck for carrying goods from one part of the State to another on contract basis and he plies his truck only on the National Highway and on any road of Municipality. By an Auction Notice, dated 08.03.2006, under the seal and signature of Special Officer, Sahebganj Municipality Respondent No. 4, it was notified inviting bid for the rates of collecting Entry Tax from the commuters using the area falling within the Sahebganj Municipality for the year 2006 07. It is said by the petitioner that on being successful bidder, one Rajendra Prasad Yadav was authorised for collecting Entry Fee from the commuters using the National Highway 80. 4. According to the petitioner, a portion of the National Highway 80, falls within the Sahebganj Municipal Area and the vehicle plying on the National Highway are being forced to pay entry fee of Rs.25/-. The petitioner challenges the said realization/collection of entry fee from the users of National Highway falling within the Sahebganj Municipality area on the ground that Sahebganj Municipality has no authority under the Law to collect or charge entry fee for using National Highway only even if it falls within the Municipality area. 5. According to the learned counsel for the petitioner, the Sahebganj Municipality can realise/ collect entry fee only from those vehicles which uses Municipality roads falling within the jurisdiction of Sahebganj Municipality and cannot realise the same for using National Highway only though falling within Municipal Area. Therefore, the collection of entry fee from the petitioner and other similar users for using National Highway 80 falling within the Sahebganj Municipality is illegal, void and without jurisdiction. 6. A counter affidavit has been filed by the respondent Sahebganj Municipality. Mr. Therefore, the collection of entry fee from the petitioner and other similar users for using National Highway 80 falling within the Sahebganj Municipality is illegal, void and without jurisdiction. 6. A counter affidavit has been filed by the respondent Sahebganj Municipality. Mr. Shamim Akhtar, learned counsel appearing for the Sahebganj Municipality states that it is absolutely wrong to say that any entry fee is being charged from any commuters using National Highway 80 even though they are not plying their vehicles on the Municipality roads. Mr. Shamim Akhtar very fairly submitted that the Municipality cannot charge any entry fee for the users of National Highway only. He further stated that only those commuters/ users are being charged entry fee, who are using the Municipality Roads within the Municipality area of Sahebganj Municipality and not the users of National Highway falling within Sahebganj Municipality and, therefore, the allegations of the petitioner that the entry fee is being charged for using National Highway 80 falling within Sahebganj Municipality area, is wrong. Mr. Akhtar further submits that if any commuter or user of National Highway 80 enters the Municipality Roads falling within the Sahebganj Municipality area, then he has to pay entry tax/fee since he is using the roads of the Municipality. 7. In view of the stand taken by the Respondents - Sahebganj Municipality, no dispute remains to be decided in this writ petition. At one hand, the petitioner challenges the jurisdiction of Sahebganj Municipality who is charging entry fee for using National Highway 80 falling within the Sahebganj Municipality and, on the other hand, the Sahebganj Municipality states that they are not charging any entry fee for the use of National Highway 80 falling within the Municipality Area of Sahebganj rather, they are charging entry fee for the use of Municipal Roads only. 8. In view of the stand taken by the parties, this writ petition is being disposed of giving liberty to the petitioner to approach the respondents Sahebganj Municipality to satisfy that he is not using the road of the Municipality and therefore, he can not be charged entry fee. It is made clear that if any amount has been charged from the petitioner without using the roads of the Municipality, then the petitioner must be refunded the amount collected from him by way of entry fee/tax. It is made clear that if any amount has been charged from the petitioner without using the roads of the Municipality, then the petitioner must be refunded the amount collected from him by way of entry fee/tax. It is further made clear that the petitioner or any other user of National Highway shall not be liable to pay entry fee/ tax unless they enter or use the roads of the Municipality. The writ petition stands disposed of with the above observations and clarifications.