Judgment

ALAGIRISWAMI, J.:- On 6-11-1964 the Municipal Council of Bhopal made bye-laws under the provisions of Section 358 (7) (f) & (m) read with Section 349 (ii) of the Madhya Pradesh Municipalities Act, 1961 after previous publication in the M. P. Rajpatra as required under Section 357 (4) and confirmation by the State Government under Section 357 (3) in respect of a Municipal bus stand. Bye-law 2 of the bye-laws provided that no person incharge of a motor-bus plying for hire shall for the purpose of taking up or setting down of passengers, park or stop his bus anywhere within the limits of the Bhopal Municipality except at the Municipal Bus Stand. The other bye-laws provided for a levy of a fee of Re. 1/- for every eight hours or part thereof in respect of the use of the bus stand by such buses and for the issue of a permit on such payment. On 13-11-1964 the respondents filed a writ petition in the High Court of Madhya Pradesh challenging the said bye-laws. The High Court held that bye-law 1 (c), which defined the expression Municipal Bus Stand and bye-law 2, which has been set out earlier, were valid but held bye-laws 3 to 7, which provided for the payment of fee and the givi