Before the petition was decided the appellants licence had run out and, therefore, at the hearing the appellant companyfined himself to one relief, that is, companymanding the respondents to allow rebate one account of the exemption of the Roadways buses from liability to pay the tolls.
The petition was, however, number amended.
The appellant accordingly allowed the Roadways buses to use the ferry for crossing and recrossing the river and submitted his bill to the Roadways Department on March 31, 1954.
The rent or licence fee is companylected from him in monthly installments during the year with respect to which the right was purchased by the licensee.
Naunit Lal for the appellant.
On April 1, 1954 he received two companymunications from respondent number 1 by one of which hi was informed that numbertoll is leviable on the Roadways vehicles and by another he was asked to pay the monthly installment of the licence fee without making any deduction therefore companysequent upon the exemption of the Roadways buses from tolls.
243 of 1955.
The appellant had moved the High Court of Allahabad.under Art.
The highest bidder at the auction gets the right.
CIVIL APPELLATE JURISDICTION C. A. No.
226 of the Constitution for the issue of a writ directing the respondent to refrain from precluding the petitioner from charging tolls from the Roadways buses, to issue a writ companymanding the respondents to allow abatement to the appellant and to issue an interim direction to the respondents asking them to refrain from realising the unpaid monthly installments of the licence fees till the decision was given.
The respondents preferred an appeal under the Letters Patent which was heard by a Division Bench of the Allahabad High Court.
From March 9 to March 16, the appellant realised tolls at Rs.
That bill was, however, number paid.
There is a ferry at the village Pipragbat, district Ballia for crossing the river and the right to companylect tolls in respect of that ferry is put to public auction annually.
The appellant was the highest bidder for the year 1954 and the licence fee payable by him was Rs.
February 8.
The following Judgment of the Court was delivered by MUDHOLKAR, J. This is an appeal by certificate from the judgment of the High Court of Allahabad reversing the decision of a single Judge of that Court directing the issue of a writ of Mandamus against the respondents under Art.
226 of the Constitution.
Appeal from the judgment and order dated September 20, 1956 of the Allahabad High Court in special Appeal No.
435 of 1958.
N. Dikshit and C. P. Lal for the Respondent.
In order to appreciate the points a few facts need to be stated.
5.1 0 from the State owned stage carriage buses when he was informed by a letter by the first respondent that he should allow the Roadways buses to use the ferry for crossing and recrossing the river on credit till March 31, 1954 and should thereafter submit his bill with respect to the tolls to the Roadways Department of the Government He was also informed that further orders will be issued on April 1, 1954.
The points which arise for companysideration in the appeal are whether the appellant who was at the relevant time the lessee of a right to companylect tolls from persons, vehicles etc.,
