Hon’ble Abhinava Upadhya, J.—Heard Sri U.N.Sharma and Sri Chandra Bhan Gupta, learned counsel appearing for the petitioners and Sri M.C.Tripathi and Sri Vivek Varma, learned counsel appearing for the Nagar Nigam.

2. The Kanpur Municipal Corporation, within its municipal area, for the convenience of the public, has allowed plying of taxi, buses, tempo, auto rickshaws as well as cycle rickshaws.

3. In this writ petition the dispute raised by the Tempo and Auto rickshaws Association is with regard to the bye-laws of the Corporation empowering it for realization of user charges from them.

4. It is alleged that the Kanpur Municipal Corporation does not provide any facility to charge user fee as such the bye-laws promulgated through notification dated 29.3.2006 and Gazette publication dated 22.7.2006 is against the G.O. dated 18.7.1998 (Annexure-6 to the writ petition) and violative of Section 54 Clause (42) of the U.P. Municipal Corporation Act, 1959 (in short the Act) and is arbitrary and, therefore, the same be quashed.

5. Brief facts, as narrated by the learned counsel for the parties, are that by a resolution of the Municipal Corporation being resolution No. 1 dated 28.1.200