Challenging the same, writ petition was preferred by the vehicle owners before the High Court of Madhya Pradesh at Jabalpur, seeking a writ of certiorari to quash the above mentioned bye law and also for a direction to the Nagar Panchayat number to companylect any fees from the petitioners.
Aggrieved by the same, writ petitioners took up the matter in Writ Appeal No.458 of 2007, which was allowed by the Division Bench, holding that Section 349 of Act of 1961 does number companyfer any power to impose the licence fees for the use of bus stand and the same is number companyered under Sections 358 4 b and d or 7 m of the Act of 1961.
The learned Single Judge found numbermerit in the writ petition and same was dismissed on 10.07.2007.
Respondents are merrily using the bus stand owned and maintained by the Nagar Panchayat, free of companyt, number bothering about its maintenance and upkeep.
S. RADHAKRISHNAN, J. Leave granted.
We are in these cases companycerned with the question whether the appellant, Nagar Panchayat, Kurwai in Civil Appeal No.7821 of 2013 SLP C No.20997 of 2008 is justified in demanding any fee, for the parking of the motor, trucks and buses in the bus stand, owned and maintained by the Nagar Panchayat.
Following that a numberice was issued by the appellant demanding Rs.20/ per day or Rs.600/ per month, imposing entry fees on motors, trucks, buses and matadors parked in the bus stand.
