- (1.) M. Katju, J. By means of this writ petition the petitioner has challenged the impugned notification dated 11-9-1998 Annexure 6 to the writ petition by which the Assistant Transport Commissioner (Administration) U. P. has informed the Secretary of the State Transport Authority about the fees fixed for grant of permit, renewal, transfer, registration and licences of motor vehicles under the Motor Vehicles Act and Rules.
(2.) THE petitioners are stage carriage permit holders. Under Section 68 (g) of the Motor Vehicles Act, 1939 the State Government was empowered to prescribe fees in respect of applications for permits. Prior to 1957 the fees prescribed for permits, renewal, temporary permits etc. was as mentioned in paragraph 5 of the writ petition. On 31-3-1987 an amendment was made framing the U. P. Motor Vehicles Amendment Rules, 1955 copy of which is Annexure 1 to the writ petition. By this amendment the fees for application for grant of permanent permit, renewal etc. was increased from Rs. 20 to Rs. 250 vide Annexure 1 to the writ petition. THE fees was also increased in respect of grant, renewal and countersigning of temporary permit. Thereafter the State of U. P. framed a supplementary amendment known as U. P. Motor Vehicles Supplementary Rules, 1989 on 28-12- 1989. The fees prescribed in the same was as mentioned in paragraph 7 of the writ petition read with Annexure 2 to the writ petition. Rule 1990 was published in 11-7-1990 by which the fees for grant, renewal and countersigning was increased to Rs. 3,000 vide Annexure 4 to the writ petition. The new Motor Vehicles Act, 1988 came into force from 1-7- 1998. Under Sections 96 (2) (vii) and 211 of the said Act the State Government was empowered to make rules to prescribe fees for application of permits for motor vehicles.
(3.) UNDER the new Act the U. P. Motor Vehicles Rules, 1998 has been framed. Rule 125 of the Rules has been annexed as Annexure 5 to the writ petition. A perusal of the same shows that the fee for grant of permit other than temporary permit for stage carriage is Rs. 6,000. The fees for temporary permit is mentioned therein. It is this rule which is sought to be enforced by the impugned notification dated 11- 9-1998. Learned Counsel for the petitioner submits that the increase of fees is arbitrary as the fees for grant/renewal, countersigning of temporary permit has been increased from Rs. 3,000 to Rs. 6,000. The fees for temporary permit for four months has been increased from Rs. 2,000 to Rs. 9,500 the fees for transfer from Rs. 1,000 to Rs. 10,000 and the fees for replacement from Rs. 75 to Rs. 1,000. Learned Counsel for the petitioner submits that there is discrimination against the petitioners as under Rule 130 the State Transport Undertaking has only to pay Rs. 200 for grant of permit by the State Transport Authority and Rs. 100 by the Regional Transport Authority.;