S.K.Sen, C.J. - (1.) We have heard Sri W. H. Khan, learned advocate for the writ petitioners, learned standing counsel for respondent Nos. 1, 2, 3 and 6 and Sri A. K. Goel, learned advocate for respondent Nos. 4 and 5. Zila Panchayat and Upper Mukhya Adhikari, Gautam Budh Nagar.
(2.) Petitioner No. 1 is the holder of mining licence granted by the State of U. P. under the provisions of Minor Minerals (Concession) Rules, 1963, vide mining lease dated 2nd March. 1994 for the extraction and collection of the same from the estate of village Chak Basantpur, Tehsil Dadri, district Gautam Budh Nagar (N.O.I.D.A.), U. P. Petitioner No. 2 is operator of trucks who carries sands extracted by Writ Petition No. 1. It is asserted in the petition that the Upper Mukhya Adhikari, Zila Panchayat, Gautam Budh Nagar (N.O.I.D.A.), U. P. vide letter No. 213 dated 29th September, 2000, issued a notification dated 20th March, 1999, whereby, toll tax has been imposed by the said authority on carrying sands. On 1st April, 1999, the Special Secretary, Industrial Development Department, U. P. wrote a letter to the District Magistrate, Gautam Budh Nagar that the Zila Panchayat has no jurisdiction to frame bye laws in respect of minerals covered by the Mines and Minerals [Regulation and Development) Act, 1957, as well as U. P. Minor Mineral (Concession) Rules, 1963. Vide order dated 25th September, 2000, respondent Nos. 4 and 5 granted licence to respondent No. 7 on his application dated 14th September. 2000. When the writ petitioner came to know on 28th September, 2000, that respondent No. 7 was claiming himself to be licensee on the strength of licence granted by Zila Panchayat authorities, Gautam Budh Nagar to realise toll tax @ Rs. 30 per truck, they immediately on the same day made a protest in writing to respondent No. 3, namely, the District Magistrate, Gautam Budh Nagar. On 12th October, 2000, the writ petitioners made an inquiry from the office of the District Magistrate about the fate of his protest/application dated 28th September. 2000. The District Magistrate informed the writ petitioners that on 12th October, 2000, the former has written two letters to the Secretary, U. P. Government as well as respondent No. 4 stating that apparently, no such toll tax can be realized by the Zila Panchayat in respect of the minerals covered by the U. P. Minor Minerals (Concession) Rules, 1963 and further seeking guidance from the State Government, reply whereof is awaited.
(3.) It is the contention of Mr. W. H. Khan, learned advocate for the writ petitioners that there is no authority or jurisdiction on the part of Zila Panchayat to issue such notification or to collect such toll tax as has been done in the instant case. He has also referred to Sections 144 and 145 of Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as "the Act") and has submitted that tolls for the use of bridges constructed and maintained by the Zila Panchayat can only be imposed by Zila Panchayat. He has further, submitted that in the instant case, bridge in question was constructed by Irrigation Department of the Government of U. P. and under such circumstances, the Zila Panchayat has no jurisdiction or authority to levy any toll tax.;