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2006 Supreme(Ori) 455

P.K.TRIPATHY, R.N.BISWAL
BALASORE BUS ASSOCIATION AND ETC – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
ASHOK MOHANTY, ASKHYA KUMAR RATH, D.B.Das, G.MISHRA, M.B.K.Rao, M.R.TRIPATHI, P.Behera, P.K.BEHERA, S.C.PARIJA, S.NOTIA, T.Rath

R. N. BISWAL, J.

( 1 ) THE petitioners who are Bus and Truck Owners' Associations and some private bus and truck operators belonging to different parts of Orissa, have filed the aforesaid writ petitions raising substantially similar points of law and as such, they were heard analogously and a common judgment is passed thereon.

( 2 ) THE issue raised for consideration of this Court in all these cases is validity of the notification dated 26-11-1998 of the government of Orissa, Commerce and transport Department bearing No. LC-1-16/98- 16000/t bringing amendment to Orissa motor Vehicles Rules, 1993 which was called as "orissa Motor Vehicles (Third Amendment) Rules, 1998. The facts in O. J. C. No. 17368 of 1998 is taken as typical of the cases which has been filed by the Ganjam Bus owners' Association through its Secretary. As per this case, opposite party No. 1 published a notification in Orissa Gazette on 25-8-1998 in which it proposed to amend the entire fees structure relating to fees for application of grant of permit, renewal of permit, extension of permit, counter-signature of the permit and fees in respect of grant, renewal, extension, counter-signature and transfer of permit











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