JUDGMENT

H.N. Sethi J. - This petition under Art. 226 of the Constitution, has been filed by 17 operators who have been granted public carrier permits, for plying their vehicles throughout the Sate of U. P. by the Regional Transport Authority of Agra, Meerut, Kanpur and Allahabad. For plying their vehicles in the State of U. P., the petitioners have paid all the taxes due from them under the Motor Vehicles Act, Motor Vehicles Taxation Act and U. P. Motor Gadi Malkar Adhiniyam, 1964. In the course of their trade, the petitioners ply their vehicles on inter-statal routes as well, and for that purpose they obtain temporary permits from the transport Authorities concerned after paying taxes prescribed by the other States in whose territories their vehicles are proposed to be used. At the time of issuing temporary permits, which enable the petitioners to ply their public Carriers on inter-statal routes, the Regional Transport Authorities concerned insist that they should further pay additional tax at the rate of Rs. 3/- per day per vehicle, as laid down in the second proviso to Art. VIII of Schedule I to the Motor Vehicles Taxation Act (U. P. Act V of 1935). Such a demand is, according t