Hon’ble Ashok Bhushan, J.—Heard Sri W.H. Khan, Senior Advocate, assisted by Sri J.H. Khan for the petitioner and Sri Pankaj Saxena, learned Standing Counsel for the State-respondents.

2. Two supplementary counter-affidavits and a second supplementary counter-affidavit have been filed on behalf of the respondents to which rejoinder affidavit and supplementary rejoinder affidavit have also been filed by the petitioners. The parties were heard on 13th November, 2009, 18th November, 2009 and 15th December, 2009. Pleadings are complete between the parties and with the consent of the parties the writ petition is being finally decided.

3. Brief facts of the case necessary to be noted for deciding the writ petition are; the Zila Panchayat, Sonebhadra has framed bye-laws under sub Section (2) of Section 239 of the Uttar Pradesh Kshetra Panchayat and Zila Panchayat, Adhiniyam, 1961 (hereinafter referred to as the 1961 Act) for collection of fee from the tractors and trucks carrying Gitti, Patthar, Boulder, Surkhi, Chuna, Koyala, Bhassi etc. from the mining area situate within the rural areas of Zila Panchayat, Sonebhadra. The petitioner being the highest bidder was awarded a contract