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Bhisham Sharma v. State Of Haryana And Others

Bhisham Sharma v. State Of Haryana And Others

(High Court Of Punjab And Haryana)

CWP No.9521 of 2023 | 25-05-2023

RAJ MOHAN SINGH , J.

1. The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondents not to compel the petitioner to pay the amount over and above the agreed amount i.e. Rs.16,100/- per month per bus in terms of allotment of Stage carriage permit under the Approved City Bus Service Scheme in Municipal Corporation, Rohtak.

2. Learned counsel for the petitioner submits that the petitioner had provided his five buses for putting the same on route allocated to the petitioner vide allotment letter dated 27.04.2021. The petitioner had to pay Rs.94,900/- per month i.e. Rs.16,100/- + (GST) 2,898/-=Rs.18,998/- per bus but the authorities are charging Rs.6,270X5=Rs.31,350/- as Motor Vehicle taxes and Rs.2,820X5=14,100/-as ada fee, therefore an amount of Rs.45,450/- per month is being separately charged from the petitioner over and above Rs.94,990/-.

3. Precisely for the grievance in question, the petitioner has already represented before the authorities vide representations dated 20.04.2022, 20.07.2022, 27.07.2022 and 31.03.2023 (Annexures P-2 to P-5) attached herewith..

4. At this stage, learned counsel for the petitioner further submits that the petitioner would be satisfied in case his aforesaid representations are ordered to be decided by the respondent No.2 in accordance with law in a time bound manner.

5. Notice of motion.

6. On the asking of the Court, Mr. Naveen Singh Panwar, DAG, Haryana accepts notice on behalf of the respondent No.2 and undertakes to convey the present order to the appropriate authority.

7. This writ petition is disposed of with direction to the respondent No.2 to take note of pending representations dated 20.04.2022, 20.07.2022, 27.07.2022 and 31.03.2023 filed by the petitioner and pass an appropriate order without being influenced by any such pleading on record.

8. It is expected that the respondent No.2 shall take an appropriate decision strictly in accordance with law preferably within a period of one month from the date of receipt of certified copy of this order.

Advocate List
Bench
  • HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Eq Citations
  • NON-REPORTABLE
  • 2023/PHHC/076127
  • LQ/PunjHC/2023/4432
Head Note

Local Government, Urban Development and Town Planning — Bus service — Allotment of Stage carriage permit — Approved City Bus Service Scheme — Allotment letter — Petitioner provided his five buses for putting the same on route allocated to the petitioner vide allotment letter dated 27042021 The petitioner had to pay Rs94900 per month ie Rs16100 GST 2898Rs18998 per bus but the authorities are charging Rs6270X5Rs31350 as Motor Vehicle taxes and Rs2820X514100as ada fee therefore an amount of Rs45450 per month is being separately charged from the petitioner over and above Rs94990 — Petitioner had already represented before the authorities vide representations dated 20042022 20072022 27072022 and 31032023 Annexures P2 to P5 attached herewith — Writ petition disposed of with direction to respondent No.2 to take note of pending representations and pass an appropriate order without being influenced by any such pleading on record — Respondent No.2 expected to take an appropriate decision strictly in accordance with law preferably within a period of one month from the date of receipt of certified copy of this order (Paras 2 to 8)