Om Shanthidham Trust vs Uyambali Grama Panchayat on 2 April, 2012

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Karnataka High Court

Om Shanthidham Trust vs Uyambali Grama Panchayat on 2 April, 2012

Bench: Ashok B.Hinchigeri

IN THE HIGH COURT OF KARNATAKA AT BANGALORE | -
DATED THIS THE 02N DAY OF APRIL 2012 _

BEFORE

THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGER:

WRIT PETITION NO.45011 € OF 2011 (LB- -RES)
BETWEEN: |

Om Shanthidham Trust, _ .
A registered Trust having its
Administrative office at oe
No.3371, 13 Cross,

2d Main, Shastrinagar,

K R Road, 1, Bangalore ~ 560 028.

Having ite campus al,

Bommasandra Village,

Kanakapura Taluk, .

Represented by its Secretary,

Sri Satayavratha. ae . Petitioner

By / Sri Kiran V Ron & C M Poonacha, AdvcateS for
Lexplexus)

So hk Uyamialli Grama Panchayat,
". -~ By its Development Officer,
. Uyyamballu Hobli,
-Kanakapura Taluk,
Ramangara District.

>. 2. Shri K Madhusudan,

S/o Kempegowda,


Aged about 33 years,
R/o Hanumanthanagar,
Doddalahalili,
Kanakapura Taluka,
Ramangar District. -- .. Respondents ;

(By Sri G.R. Ramachandrappa, Advocate for Rl, R2-served but unrepresented) .

This writ petition is filed inder Articles 396 & 227 of the Constitution of India, praying to declare that the imposition and collection" of entry fee.on motor vehicles by the respondents is highl; y. illegal 'and without jurisdiction and violative.of the provisions of Sections 97 and 199 read. with Schedule © "4. of 'ithe Karnataka Panchayath Raj Act 1993 and ete, This wr it~ petition, "coming. on for preliminary hearing «in "B' /BrOUup, this day, the Court made the following: ratty 'The petitioner has raised the challenge to the

- imposition. and collection of the entry fee on motor vehicles ots the Kanakapura - Sangam Road, within the limits of the first respondent Grama Panchayat.

| 2. Sri Ron, the learned counsel for the petitioner a "submits that the respondent No.2, who is the highest , . ~ bidder in the auction conducted by the first respondent AIH -3- Grama Panchayat for collecting the said fees,» is . charging and collecting exhorbitant fees. 7

3. Sri Ramachandrapa, the learned counse! for the - respondent No.1 submits that the agency created in favour of the respondent fio 2 has spent. itself on 31.03.2012. He submits. > that the 'respondent Novl would hereinafter collect the parking fees, etc. _ br at strictly at the scheduled rates and as pr ovided by law.

4, Recording his submission, this petition is disposed of with the liberty to the respondent No.1 to charge a ar d "collect the vehicle tax, fees on bus stands, etc., only at the vatis endimerated in Schedule IV to the 7 camnataka "Panchayat Raj Act, 1993 or at the rates pre scribed / 'permitted by any applicable statute and the rules framed thereunder.

Sd/-

JUDGE

--, Cm/-

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