Bombay High Court
Kanhaiyalal S/O Nandlal Joshi vs State Of Maharashtra Through Its ... on 15 September, 2021
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, Anil S. Kilor
7wp3482.2021(JUG).odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3482 OF 2021
Kanhaiyalal s/o. Nandlal Joshi,
aged about 53 years, occ. Business,
Resident of Ambika Nagar,
Akot, District Akola. .... PETITIONER
// VERSUS //
1) State of Maharashtra
through its Secretary, Ministry of Transport,
Mantralaya, Mumbai-400 032.
2) State Transport Commissioner,
Maharashtra State, 5th Floor,
Fountain Door Sanchar Bhawan-2,
M.G. Marg, Fort, Mumbai.
3) State Transport Authority of Maharashtra,
through its Secretary, 5th Floor,
Fountain Door Sanchar Bhawan-2,
M.G. Marg, Fort, Mumbai.
4) Regional Transport Officer, Amravati. .... RESPONDENTS
Mr. Shubhankar Phadnis, Advocate for petitioner
Mr. A.S. Fulzele, Addl. G.P. for respondents
________________________________________________________________
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATE : 15th SEPTEMBER, 2021.
ORAL JUDGMENT: [PER: SUNIL B. SHUKRE, J.]
Heard Mr. Phadnis, learned counsel for the petitioner and Mr. Fulzele, learned Addl. G.P., who appears by waiving notice for the respondents.
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2. Rule. Rule made returnable forthwith. The matter is heard finally with the consent of the learned counsel for the parties.
3. The petitioner is a Stage Carriage Operator plying his bus service on the route Akot - Burhanpur under the reciprocal transport agreement entered into between the State of Maharashtra and the State of Madhya Pradesh. The petitioner has also been paying passenger tax as per the provisions made in the Maharashtra Motor Vehicles (Taxation of Passengers) Act, 1958 (for short the "Act of 1958").
4. It is submission by the learned counsel for the petitioner that the passenger tax, which is required to be paid by the Stage Carriage Operator like the petitioner on the basis of the number of passengers carried in the bus and not on the basis of seating capacity or load factor of the passenger bus as the passenger tax has been held to be a tax on the passengers and not on the Operator. He submits that in the case of Royal Carrier & Courier Pvt. Ltd. Vs. the State of Maharashtra and others, in Writ Petition No.4098 of 2014 and other connected matters , decided on 11.03.2016, the Coordinate Bench at Aurangabad has held that the State Transport Authority of Maharashtra has no authority in law to levy and demand passenger tax at the rate of 70 % of the load factor of ::: Uploaded on - 15/09/2021 ::: Downloaded on - 16/09/2021 07:01:47 ::: 7wp3482.2021(JUG).odt 3/4 seating capacity of passenger transport vehicle as it is contrary to provisions of the Act of 1958 and also for other reasons as given in the said judgment.
5. It appears that the petitioner is apprehensive of rejection of his application, which he has submitted for renewal of his permit for rendering of bus service as Stage Carriage Operator in view of the resolution No.28/2020, dated 22.12.2020 adopted by respondent No.3.
6. We are of the view that even though some resolution has been passed by the respondent no.3, ultimately, when it comes to applying mind by the Authority to renewal applications, the Authority is required to take into consideration all the facts showing fulfillment of the eligibility conditions by the Operator and also the law governing the field and therefore, the petitioner need not be so much apprehensive about the fate of his renewal application, which is already pending with respondent Nos.2 and 3.
7. In this view of the matter, we find that purposes of this petition would stand served, if necessary directions are issued to respondents for deciding the renewal application of the petitioner.
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9. The respondents are directed to decide the renewal application of the petitioner, in accordance with law, in particular the law laid down by the Coordinate Bench of this Court at Aurangabad in the case of Royal Carrier & Courier Pvt. Ltd. Vs. the State of Maharashtra and others (supra), as early as possible and in any case within a period of six weeks from the date of receipt of the order.
10. Rule Accordingly. No costs.
JUDGE JUDGE
nd.thawre
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