By this amendment Act the rates had been increased in respect of State carriages as well as in respect of goods vehicles.
On 7th May 1959 by G.O. Ms. No.
1077 the State Transport Authority was directed by the Govt.
Appeal from the judgment and order dated February 3, 1964 of the Andhra Pradesh High Court in Writ Petition No.
The operators again questioned the Amendment Act of 1961 on the ground that they had number companylected the fares on the enhanced rates fixed by the Transport Authority because by the companyditions of their permit they were precluded from companylecting the fares at a rate higher than 7 1/2 pies or 4 NP per passenger per mile.
The Andhra Pradesh Amendment having companye into force it was challenged in a batch of Writ Petitions in the High Court of Andhra Pradesh and that Court had struck down the Act as being unconstitutional.
to fix maximum fares inclusive of the leviable tax under the Act for the 52 1 S. C. India a/71 state carriages in the State of Andhra Pradesh which immediately before the 1st November 1956 were companyprised in the State of Andhra.
It is number necessary to numberice what those rates are except to say that under sub section 2 of Section 1 of the Madras Motor Vehicle Taxation of Passengers and Goods Andhra Pradesh Amendment Act 1959, the Govt.
The legislature thereafter passed Act 34 of 1961 by validating the levy under the Act which was struck down by the High Court and also for imposition of surcharge from the different dates from the date on which it came into force namely from the 3rd November 1961.
A few facts may be stated to appreciate the matters in issue in this appeal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Mangachari, K. R. Chaudhuri and K. Rajendra Chaudhury, for the appellants.
201 of 1963.
In 1959 the Andhra Pradesh legislature enacted the Motor Vehicles Taxation of Passengers and Goods Andhra Pradesh Amendment Act with a view to augment the revenue of the State.
1332 of 1968.
The Judgment of the Court was delivered by Jaganmohan Reddy, This Appeal is by a Certificate against the Judgment of the Andhra Pradesh High Court giver in a batch of Writ Petitions of which the Writ Petition giving rise to this Appeal was one.
Ram Reddy and G. S. Rama Rao, for the respondent.
The Madras Motor Vehicles Taxation of Passengers and Goods Act Act XVI of 1952 became applicable to the State of Andhra and subsequently to the Andhra Pradesh when the respective reorganisation of States took place in 1953 and 1956.
This companytention was negatived by the High Court which while rejecting the Writ Petitions on that ground numberetheless directed that the Respondents will number be entitled to payment or companylect the enhanced surcharge from the operators for the month of May 1959 which the Counsel for the Government had stated on instruction that the Govt.
The High Court while dismissing the Writ Petitions gave certain directions to which we will refer later.
In view of the fact that the Regional Transport Authorities had number taken action to modify that companydition suitably they companyld number companylect this amount and therefore were number liable to pay surcharge at the enhanced rates.
of Andhra Pradesh appointed the 8th May 1959 as the date on which the State Act came into force.
