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1957 Supreme(Raj) 78

BAPNA, SHARMA
K. K. Wadhwani, Mrs, – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
J.P. Jain, for petitioner; M.C. Chhabra, Deputy Govt. Advocate

Bapna, J.—This is a petition under Art. 226 of the Constitution of India.

2. The petitioner, Mrs. K. K. Wadhwani, holds a permit for a stage carriage operating on the Jaipur—Tonk route commencing from 5th September, 1955 to 4th September, 1958. On this route there is a bridge about 5 miles from Tonk City on the river Banas, which is known as Frazer Bridge. This was constructed in 1937 in the erstwhile State of Tonk. The State of Rajasthan, into which the former Tonk State has integrated, demands annas -/12/- for the passing or repassing of any public vehicle on that bridge. She had to pay Rs. 24/- for passing and repassing the said bridge between the period of 28th September. 1 55, when she put her Bus No. RJL—3705 on the road, and 15th December, 1955, at the rate of 12 annas for each passing or repassing the bridge, according to the statement furnished by her. It is contended on her behalf that the said imposition of annas 12 is by way of tax, and is not authorised by law, and the State of Rajasthan be prohibited from collecting the said tax when her stage carriage passes or repasses the Frazer Bridge on the Jaipur—Tonk route.

3. The reply on behalf of the State is that prior to the












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