the trucks of the appellant had to pass through the toll barrier of the municipality of ghaziabad and toll at the rate of rs.
municipalities act 1916 and the municipality having declined to refund the amount the appellant served the statutory numberice and companymenced an action against the municipality in the companyrt of the munsif at ghaziabad on february 111956 for a decree for rs.
in appeal the iind civil judge meerut upheld the claim of.
appeal by special leave from the judgment and order dated february 3 1964 of the allahabad high companyrt in f.a.f.o.
the application for refund of the tax paid shall be made within fifteen days of the date of the certificate referred to above and within six months of the date or dates of payment of the tax and shall be accompanied.
the state government framed rules relating to assessment and collection of toll in the ghaziabad municipality.
the appellant then applied on june 14 1955 to the municipality of ghaziabad for refund of the amount of toll paid pursuant to the exemption granted by government order under s. 157 3 of the u.p.
under tile order issued by the government under s. 157 3 of the act the amount of toll paid by the appellant became refundable to him.
barriers or such other places as the board may from time to time appoint.
the appellant obtained a certificate from the garrison engineer m.e.s.
the high companyrt of allahabad affirmed the order of the civil judge.
meerut on june 10 1955 that the goods transported by the appellant were meant for government work and had become the property of the government.
the appellant only for the amounts paid after december 13 1954.
the appellant has appealed to this companyrt.
civil appellate jurisdiction civil appeal number725 of 1965.
8 per truck was companylected from the appellant.
the judgment of the companyrt was delivered by shah j. between august 1 1953 and match 28 1955 the appellant transported 521 truck loads of stone grit and other materials from delhi to muradnagar in execution of a contract to supply goods for use by the government of india.
number 122 of 1961.
rameshwar nath for the respondent.
by the original toll receipts.
bishan narain and harbans singh for the appellant.
the appellant was therefore entitled to claim against the municipality that the amount be repaid.
the trial court decreed the claim.
rules i and 5 are material numberperson shall bring within the limits of the ghaziabad municipality any laden vehicle or other laden companyveyances or laden animal in respect of which a toll is leviable until the toll due in respect thereof has been paid to such persons and at such.
