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2003 Supreme(All) 269

M.KATJU, PRAKASH KRISHNA
UTTAR PRADESH UDYOG VYAPAR PRATINIDHI MANDAL – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
BHAGVATI PRASAD, S.S.UPADHYAYA, Sadhna Upadhyay, SUBODH KUMAR BHATTACHERJEE

PRAKASH KRISHNA, J.

( 1 ) THESE are four writ petitions. The controversy involved in all the abovementioned writ petitions is common and hence they are being disposed of by the common judgment.

( 2 ) THE petitioners have filed the writ petitions challenging the validity of the bye-laws, filed as Annexure 2 to the writ petition, framed by the Zila Panchayat, Agra. The said bye-laws were published in the official gazette on 11th May, 2002. These bye-laws were framed for the purpose of regulation of transportation by vehicles from Agra District to outside and from outside districts to Agra of Gitti, Patthar Bolder, Coal, Marble, Yamuna Sand and Balu etc. Bye-law No. 19 provides the charges to be paid on every trip of the vehicle, namely, trolly, mini truck and truck. It further provides that the amount thus realized shall be utilized for providing drinking water facility to the vehicle owners and drivers and medical facilities shall also be provided at the point of loading or at any other specified place.

( 3 ) THE petitioners have challenged the validity of the aforesaid bye-laws on a number of grounds. They have pleaded that the Zila Panchayat has no power to frame such bye-laws in














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