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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Karavali Bus Owners Association – Appellant
Versus
Udupi Sasthana Tollway Private Limited – Respondent
| Table of Content |
|---|
| 1. challenging toll charge deductions. (Para 1 , 2 , 3) |
| 2. arguments on vehicle classification. (Para 5 , 6) |
| 3. responses supporting the toll deductions. (Para 7 , 8) |
| 4. court's examination of laws governing tolls. (Para 9 , 10 , 11) |
| 5. clarification of toll collection rules. (Para 12 , 13) |
| 6. discrepancy in vehicle registration details. (Para 14 , 15 , 16) |
| 7. ruling on statutory and contractual basis. (Para 17) |
| 8. order dismissing the writ petition. (Para 18 , 19) |
ORDER :
M. NAGAPRASANNA, J.
The 1st petitioner/Karavali Bus Owners Association (hereinafter referred to as ‘the Association’ for short) and other bus operators of Mangalore and Udupi Districts are at the doors of this Court calling in question an order dated 01-02-2025, by which the representation of the Association comes to be rejected, confirming debit adjustment charges made towards movement of buses of the Association in the toll plazas. A consequential prohibition is sought against the 3rd respondent not to deduct any additional toll charges from FASTag wallet account of the petitioners.
2. Sans details, facts in brief, are as follows:-
The petitioners claim to be existing stage carriage permit holders operating
The court held that toll adjustments based on vehicle classification mismatches are lawful under existing statutory and contractual frameworks, necessitating re-examination of vehicle definitions in ....
The absence of FASTag systems at toll plazas absolves the toll collector from penalties for non-collection of tolls, and compensation for losses due to Force Majeure events must be determined by the ....
The court affirmed the Union's authority to collect fees for National Highways under the National Highways Act, ruling that state powers do not impede this legislative competence.
Tolls must reflect the quality of infrastructure; charging during poor conditions violates fair service principles.
it appropriate to exercise writ jurisdiction under Article 226 in the aforesaid peculiar circumstances for the limited purpose of interim protection while relegating the parties to arbitration.
Rule 3A of the Jharkhand Highways Fee Rules requires notifications for Composition User Fee levy; its absence invalidates the fee under the Indian Toll Act, emphasizing requirements for legal taxatio....
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