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1965 Supreme(All) 140

G.C.MATHUR
Mohammad Ibrahim – Appellant
Versus
State of U. P. – Respondent


Advocates:
S.C. Khare, for Petitioner; P.C. Gupta and N.C. Rajvanshi, Gopinath Jr. S.C., for Respondents.

ORDER :- These petitions have been filed by certain bus operators challenging the levy of toll on their vehicles crossing the Hindon Bridge. Shri S. C. Khare, learned counsel for the petitioners, and Shri Gopi Nath, learned Junior Standing Counsel, have both stated that it is unnecessary to consider the facts of each individual case since common questions of law arise in all the writ petitions and their decision rests upon the answers to be given to those questions. This order will govern all these writ petitions.

2. The petitioners ply their stage carriages on the Muzaffaranagar - Budhana - Kandhla - Isoopur route. This route crosses two rivers, namely, river Hindon at Budhana and river Krishna at Rajpur Chhajpur. A new bridge was constructed over river Hindon by the State Government and it was opened to traffic from September 21, 1960. Toll is being levied on vehicles crossing this bridge by the State Government under certain notifications issued by it under the Indian Tolls Act, 1851 (Act No. 8 of 1851). There is another bridge over the Krishna river at Rajpur Chhajpur and toll is being levied on vehicles crossing this bridge by the Antarim Zilla Parishad, Muzzaffar-nagar. In the





























































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