JUDGMENT

C. S. P. Singh, J. - The petitioners who are four in number, own a number of public service transport vehicles registered with the State Transport Authority at Allahabad. They challenge a set of three Transit Fee Rules framed in 1971. These rules have been framed by the State Government under the purported exercise of powers under Sec. 540 of the U. P. Nagar Mahapalika Adhiniyam, 1959, Sec. 296 of the U. P. Municipalities Act, and Sec. 39 of the U. P. Town Areas Act respectively. The occasion for challenging these rules by the petitioners arose thus. The petitioners transport goods within the State as also outside the State. When the vehicles owned by them pass through local areas falling within a Nagar Mahapalika, Municipality or a Town Area, they are required to pay an amount of Rs. 2.50 per vehicle irrespective of the fact as to whether or not til goods are unloaded in the local limits of the local bodies. It is averred by the petitioners that where goods are carried over long distances, the petitioners have to pay transit fee to 20 to 30 local bodies, and this charge is levied as soon as the vehicles reach the check post of a local authority, and is made for merely pass