ORDER :- This is a petition under Article 226 of the Constitution for a writ in the nature of mandamus directing the respondents not to realise any toll tax from the petitioner, or in the alternative, to charge only at the rate of Rs. 3.75 for the outward journey alone and not for the return journey if it is completed by the midnight of the following day.

2. The petitioner plies a stage carriage under a temporary stage carriage permit on Muzaffarnagar-Budhana-Kandla-Issopur Teel route. This route crosses river Hindon at Budhana. The State Government has constructed a bridge over river Hindon. This bridge was opened for traffic from 21st September, 1960 Persons using this bridge were subjected to the levy of toll tax from that date. Several stage carriage operators of this route challenged the law of the toll tax by writ petitions filed in this Court Mohammad Ibrahim v. State of U.P. Writ Petition No. 1809 of 1961 : (AIR 1967 All 24) writ petitions were heard and decided by a learned Single Judge of this Court on 21-9-1965. By his judgement the learned Single Judge repelled the various constitutional grounds urged to challenge the levy and held that under the notification dated 1-11-

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