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1955 Supreme(All) 177

MEHROTRA
RAGHBIR SINGH – Appellant
Versus
MUNICIPAL BOARD OF HARDWAR UNION, HARDWAR – Respondent


Advocates Appeared:
BRIJLAL GUPTA, R.S.PATHAK

MEHROTRA, J.

( 1 ) THESE petitions Have been filed on behalf of the owners of motor vehicles plying their vehicles on Hardwar Rishikesh route for following reliefs under Article 226 of the Constitution : 1. A writ in the nature of Mandamus directing the respondents to withdraw the orders contained in Notification No. 830/xxiji-16 (C)-53-54 dated 22-2-1955 and to suspend the operation of the order container in Notification No. 4188/xi-416-41 and No. 4188 (7)/xi-416-41 dated 29-10-1941 to the extent that they purport to levy toll taxi on vehicles entering the limits of the hardwar Union Municipality with passengers.

( 2 ) A writ in the nature of Mandamus directing the respondent 1 not to levy toll tax on the petitioners in respect of the motor vehicles on their entering or leaving the limits of Hardwar union Municipality with passengers.

2. In the affidavit filed in support, of the petition it is alleged that from 24-3-1955 whenever the applicants vehicles carrying passengers goes from Rishikesh to Hardwar they are stopped at the toll Barrier at Kharkhari a place within the limits of Hardwar and are required to pay toll tax on the motor vehicle to the toll clerk of the Municipal Boar















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