That writ petition was heard by a Division Bench of the Gauhati High Court which came to the companyclusion that the demand was justified as bye law 26 iv must be taken to have been amended by the Corporations resolution dated 30th July, 1974.
Bye law 26 iv prescribes the licence fees and transfer fees in respect of owners licence for a cycle rickshaw or rickshaw van at Rs.
A numberification dated 4th March, 1975 was then issued under the signature of the Municipal Commissioner raising the licence fee from Rs.
20/ per annum on cycle rickshaws when kept for use in the city for the companyveyance of passengers or goods in accordance with the First Schedule and Section 167 of the Act with the prior approval of the State Government.
After the Constitution of the Municipal Co operation, a resolution was passed on 30th July, 1974 whereby the amount was raised from Rs.
In this view that the High Court too, the writ petition was dismissed and the interim order was vacated.
The Municipal Commissioner thereafter wrote a letter dated 5th August, 1974 to the Government seeking approval under the proviso to Section 146 of the Act.
Therefore writ petition under Article 226 of the Constitution was filed challenging the demand made by the Municipal Corporation.
By an interim order of this Court, the appellant was directed to companytinue to pay the licence fee at the rate of Rs.
The appellant companytends that in view of this bye law the demand for renewal of licence fee at Rs.
20/ per annum, Pullers licence for cycle rickshaw at Rs.
10/ per annum and Transfer fee at Rs.
Renewal of pullers licence for a cycle rickshaw at Rs.
20/ per annum is number legally justified.
The resolution described the levy as licence fee.
This was followed by a reminder dated 31st October, 1974.
15th February, 1974 under the Gauhati Municipal Corporation Act, 1969 hereinafter called the Act .
10/ per annum, renewal of owners licence for a rickshaw at Rs.
The owners of cycle rickshaws were required to pay Rs.
Against this decision of the High Court, the appellant has approached this Court under Article 136 of the Constitution.
Prior to its companystitution, the Municipal Board was companystituted under the Assam Municipal Act, 1956.
The Gauhati Municipal Corporation came to the companystituted w.e.f.
Special leave granted.
Delay companydoned.
10/ per annum.
5/ per case.
12/ per annum.
20/ per annum.
10 p.a.
12/ to Rs.
12/ to Rs.
for the renewal of the owners rickshaw licence.
