P. P. NAOLEKAR, J.

( 1 ) THIS petition shall also govern the disposal of Misc. Petition No. 3729/85 (Prabhashankar v. The State of Madhya Pradesh) and Misc. Petition No. 4327/92 (G. P. Gupta v. the State of Madhya Pradesh ). The petitioner's challenge is to the Act passed by the State legislatures of Madhya Pradesh called the "madhya Pradesh Motor Parivahan Yano Par Pathkar Ka Udgrahan Adhiniyam, 1985 Madhya Pradesh Act No. 17 of 1985 (for short the 'act' ). The petitioner No. 1 is a All India Motor Transport Congress which is the Apex organization of Motor Transport Operators affiliated to State/regional Associations and is a company registered under the Companies Act, 1956. The members of the petitioner No. 1 are goods transport operators holding composite national permits on inter-State routes as provided in Section 63 (11) of the Motor Vehicles Act, 1939 and the petitioner No. 2 is a National Permit holder providing goods transport facilities.

( 2 ) THE act received assent of the Governor on 28-8-1985 and was published in Madhya Pradesh Gazette (Extraordinary) dated 29-8-1985. The act was enacted by the Madhya Pradesh legislature to provide for levy of toll on certain motor veh

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