S.K.DUBEY, S.B.SAKRIKAR
Punit Travels – Appellant
Versus
State of M. P. – Respondent
S.K. Dubey, J. - 1. This order will also govern the disposal of Writ Petition No. 3112 of 1994 (Sagar Motor Transport Company and others v. State of M.P. & another), Writ Petition No. 3505 of 1994 (Ram Prasad Purohit & others v. State of M.P. & others); Writ Petition No. 3804 of 1994 (Durg Roadways Private Ltd. v. State of M.P. & another); Writ Petition No. 44 of 1995 (Rishi Kumar Jaiswal & others v. State of M.P. & others) and Writ Petition No. 748 of 1995 (District Transport Service and others v. State of M.P. & others).
2. In all the petitions, the petitioners are transport operators holding stage carriage permits of various routes, who have, challenged the constitutional validity of the Madhya Pradesh Motoryan Karadhan (Vidhi Manyakaran) Adhiniyam, 1994 (for short 'Validation Act'), enacted to validate the levy of additional tax on public service vehicles in the State of Madhya Pradesh, which received the assent of the Governor on 25th June, 1994 and was published in the Madhya Pradesh Gazette (Extra Ordinary) dated 27th June, 1994, contains only 3 sections, which are reproduced :
"1. This Act may be called the Madhya Pradesh Motoryan Karadhan (Vidhi Manyakaran) Adhiniyam
1. R.J. Fouzdar Bus Service v. State of M.P. = (1994 JLJ 446
2. State of Haryana v. Karnal Co-op. Farmers Society Limited = (AIR 1994 SC l)
4. I.N. Sabena v. State of M.P. = (AIR 1976 SC 2250)
5. R.K. Garg v. Union of India = (AIR 1981 SC 2138)
6. G.K. Krishnan v. State of Tamil Nadu = (AIR 1975 SC 583)
7. Mohan Singh v. Pasupatinath = (AIR 1969 SC 135)
8. Gauri Shankar v. Union of India = (1994 (6) SCC 349)
10. Shri P.C. Mills Ltds case (supra); Tirath Ram v. State of U.P. = (AIR 1973 SC 405)
11. Government of A.P. v. Hindustan Machine Tools = (AIR 1975 SC 2037)
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