JUDGMENT :

A.K. RATH, J.

This is a plaintiff’s appeal against confirming judgment. The suit was for declaration that the levy of parking fees on the vehicles of the plaintiff within the limits of Notified Area Council, Khurda-defendant no.2 is illegal, permanent injunction and recovery of Rs.312/-collected by the defendants from it towards the parking fees of the vehicle.

2. The case of the plaintiff is that plaintiff is a Public Limited Company having its Principal Office at Kakinada in the State of Andhra Pradesh. It carries on business of transportation of goods for hire. It has branches all over the country including Khurda within the Notified Area Council. The defendants 1 and 3 are the auction holders of parking place of Notified Area Council-defendant no.2. They claim to have a right to collect the parking fees from the owners of the vehicles parked within the N.A.C. pursuant to the resolution dated 30.7.1983, Ext.A, passed under Section 309 of the Orissa Municipal Act, which came into force from 1.9.1983. According to the plaintiff, the vehicles are parked by the side of the road for loading and unloading. Parking place has never been used. The N.A.C. has not tendered any serv