Ramesh Ranganathan, C.J. (Oral) - Heard Shri Shobhit Saharia, learned counsel for the appellant, Shri Rajeev Singh Bisht, learned Standing Counsel for the State, Shri Parikshit Saini, learned counsel for respondent no.1. and Shri Vipul Sharma, learned counsel for respondent no. 5

2. The application to condone the delay of 74 days in preferring the appeal is not opposed and the delay is, therefore, condoned.

3. This appeal is preferred by the Zila Panchayat, Dehradun against the order passed by the learned Single Judge in Writ Petition (M/S) No. 1707 of 2015 dated 20.09.2018. The respondent-writ petitioner invoked the jurisdiction of this Court seeking a writ of certiorari to quash the bye-laws dated 31.05.2012 as framed by respondent no. 2 and 4 under Section 239 (2) of the U.P. Kshetra Panchyat and Zila Panchayat Act, 1961 as ultra vires the provisions of the U.P. Kshetra Panchayat and Zila Panchayat Act, 1961 (for short the "Act)".

4. The learned Single Judge has, in the order under appeal, recorded the submission, urged on behalf of the respondent-writ petitioner, that he did not want to press the prayer for declaration of the impugned bye-laws as ultra vires, and consequently the prayer, to the extent an order was sought to declare the impugned bye-laws ultra vires, was dismissed as withdrawn.

5. The learned Single Judge, however, quashed the impugned bye-laws dated 31.05.2012. Since the petitioners contention was that the bye-laws as framed was contrary to Section 239 (2) of the Act, it is only if the petitioner had pressed for the relief of quashing the bye-laws as being ultra vires Section 239 (2) of the Act, could such a relief have been granted. The order under appeal is liable to be set aside on this short ground.

6. The dispute, however, relates to whether the bye-laws framed by the Zila Panchayat, for collection of toll tax in rural areas, can be construed as conferring power upon them to collect toll tax in National Highways.

7. National Highways are governed by the provisions of the National Highways Act, 1956 (for short the "1956 Act"). The Zila Panchayat, a body created under the U.P. Kshetra Panchayat and Zila Panchayat Act, 1961, would, undoubtedly, lack jurisdiction to collect toll tax in areas falling under National Highways, under the 1956 Act.

8. The word rural areas in the bye-laws would necessarily exclude National Highways. Subject to this clarification, and as the only challenge in the writ petition is to the validity of the byelaws as being ultra vires Section 239(2) of the Act, and as such a prayer was dismissed as withdrawn, the order under appeal, quashing the bye-laws, is set aside.

9. The appeal is, accordingly, disposed of. No costs.