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2016 DIGILAW 543 (JK)

Om Parkash Sharma v. State of J&K

2016-10-20

R.SUDHAKAR

body2016
JUDGMENT : R. Sudhakar, J. 1. The petitioners-inhabitants of different villages of District Reasi are aggrieved against the Notification dated 08.03.2014 issued by the office of the Assistant Regional Transport Officer, Reasi whereby the existing fare of the Mini Buses has been enhanced up to 60% to 70%. It is stated that in terms of SRO 24{2014 (21) JK Statutes JK-221 [Motor Vehicles Act, 1988-State Transport Authority to fix the maximum chargeable fare on specified vehicles].} of 2014, dated 03.02.2014, the State Transport Authority has to fix the maximum chargeable fare for various types of vehicles. The issue in the present case relates to Medium-Mini Buses. The respondent No. 3-Transport Commissioner fixed the rates after 14% hike in the following manner. FARE RATES (INCLUSIVE PASSENGER TAX) FOR MEDIUM COMMERCIAL VEHICLES (MINI BUSES OR ITS EQUIVALENT) S. No. Distance Existing Fare Inc./Hike @ 14% Revised Fare Fare payable 1. Upto 3 kms 4.38 0.61 4.99 5.00 2. Upto 5 kms 7.31 1.62 8.33 8.00 3. Upto 10 kms 8.77 1.23 10.00 10.00 4. Upto 15 kms 10.24 1.43 11.67 12.00 5. Upto 20 kms 13.15 1.84 14.99 15.00 6. Beyond 20 kms 16.08 2.25 18.33 18.00 2. This was done in terms of Notification No. 15-MVD/P of 2014, dated 10.02.2014. The said notification reads as follows:- "Notification No. 15-MVD/P of 2014, Dated 10.02.2014. In pursuance of SRO Notification No. 24, dated 03.02.2014 issued by Secretary to Government Transport Department under Endorsement No. TR/MVD/49-II, dated 03.02.2014 providing for increase of 14% hike of the existing fare in respect of Big Buses/Mini Buses (Stage Carriage), 12% hike in respect of Taxi-Maxi Cab (Base Model Contract Carriages like Sumo, Bolero Tata Indica, Swift, Tata Winger, Tempo Travelers etc.) 14% in respect of Taxi Maxi Cabs (Medium Segment Tourist Taxi/Maxi Cab Contract Carriages like Tavera, Scorpio, Qualis. Xylo etc). Xylo etc). 19% in respect etc.) 19% in respect of Taxi Maxi Cab Contract Carriage, (Premium) Class Tourist Taxi/Maxi Cab Contract Carriages like Innova, Fortuner etc.) and 9.8% in respect of Auto Rickshaws (Petrol) Contract Carriage & 14% in respect of Stage Carriage, Tata Magic (Auto) on existing notified passenger fare and in consequence thereof the State Transport Authority, J & K do hereby notify the resultant aggregate chargeable passenger fares in respect of passenger vehicles as detailed in Annexure at A, B, C, (C-1 to C-IV) D, E, F, G, H and J subject to the condition of concession laid down in Annexure 'K' to this notification." 3. The grievance of the petitioners-villagers is that despite the aforesaid Notification, the Chairman RIA, District Development Commissioner, Reasi has issued revised rates for Mini Buses on 08.03.2014, and we are concerned with the route Reasi to Bhaga which is total 13.70 Kms and fare fixed is Rs. 15/- whereas it should be Rs. 12/-. It is stated that it is contrary to the one fixed by respondent No. 3-Transport Commissioner and, therefore, writ petition has been filed for a mandamus and certiorari to quash the order dated 08.03.2014. 4. Heard learned counsel for the petitioners as well as counsel for the Transport Department. 5. Learned counsel for the respondent-Transport department states that grievance of the petitioners-villages has been expressed in a common representation which they have filed before the Deputy Commissioner, Reasi (Annexure 'F'). 6. At this stage, it will be desirable for the Transport Commissioner to take serious note of the complaint made by the petitioners-Villages regarding fare fixed by the office of Assistant Regional Transport Officer, Reasi. It is purely arithmetic calculation which has to be verified by the higher authorities of the Transport Department. While declining to grant relief as sought for, mandamus is issued to respondent no. 3-Transport Commissioner and Chairman, State Transport Authority, J & K Jammu to consider the claim of the petitioners. Petitioners are at liberty to make a fresh detailed representation before the respondent No. 3 along with the copy of this order who shall consider and decide the same expeditiously, preferably within a period six weeks from the date of receipt of a copy of this order along with the detailed representation. Writ petition disposed of as above along with connected MP.