D.P.WADHWA, SUDHANSU JYOTI MUKHOPADHAYA
Baldeo Choudhary – Appellant
Versus
State Of Bihar – Respondent
D.P.Wadhwa, J.
1. These three writ petitions raise common questions of law as to the validity of the tolls levied by the State on certain bridges under the Indian Tolls Act, 1851 (For short the Act).
2. In C.W.J.C No. 1514 of 1984 the petitioners are engaged in the business ol transport and in course of the business their buses have to cross two bridges one at Burhi Candak in North Muzaffarpur and the other on river Bagrnati at Muzaffarpur-Darbhanga route. They claim that both the bridges are within a distance of 40 K.M. from each other. There are two respondents-the first respondent is the State of Bihar through the Commissioner-cum-Secretary Road Construction Department and the second respondent is Bihar Rajya Iul Nirman Nigam Limited (for short the Nigam), a Government Company within the meaning of Sec. 617 of the Companies Act, 1956. The petitioners have sought a writ, order or direction that Secs. 2 and 9 of the Act and Rule 10 (a), 10 (a) (ii), 10 (a) (iv), 10 (a) (v), 12, 13, 14 and 75 of the Bihar Tolls Rules, 1979, are ultra vires. They further seek quashing of the notification dated February 15, 1984, levying toll on all the bridges in the State of Bihar as void,
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