Anshuman Singh, J.

1. By means; of the present petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 26-2-1992 passed by the respondent no. 1 rejecting the application for setting aside the ex parte assessment order

2. We have heard Sri A. R. Dubey, learned counsel for the petitioner and the learned Standing Counsel, who represents all the respondents. Since there is no private party and with the consent of the counsel for the parties and also as provided under the second proviso to rule 2 of Chapter XXII of the rules of the court, the petition is being disposed of finally at the admission stage. Facts giving rise to the present petition briefly stated are that the petitioner is the owner of vehicle no. U.T.N. 4793 which was being plied on the basis of permanent stage carriage permit no. S.T. 781 on the Varanasi- Dharauli via Bein-Chandauli route which falls within the region of the Regional Transport Authority, Varanasi- Petit;oner has been paying passenger tax and road tax on lump sum basis; as contemplated under rule 5 of the U. P. Motor Gadi (Yatri Kar) Niyamwawali, 1962 and according to him no default was made in payment