PRAKASH KRISHNA, J. - (1.) These are four writ petitions. The controversy involved in all the abovementioned writ petitions is common and hence they are being disposed of by the common judgment.
(2.) The petitioners have filed the writ petitions challenging the validity of the bye-laws, filed as Annexure 2 to the writ petition, framed by the Zila Panchayat, Agra. The said bye-laws were published in the official gazette on 11th May, 2002. These bye-laws were framed for the purpose of regulation of transportation by vehicles from Agra District to outside and from outside districts to Agra of Gitti, Patthar Bolder, Coal, Marble, Yamuna Sand and Balu etc. Bye-law No. 19 provides the charges to be paid on every trip of the vehicle, namely, trolly, mini truck and truck. It further provides that the amount thus realized shall be utilized for providing drinking water facility to the vehicle owners and drivers and medical facilities shall also be provided at the point of loading or at any other specified place.
(3.) The petitioners have challenged the validity of the aforesaid bye-laws on a number of grounds. They have pleaded that the Zila Panchayat has no power to frame such bye-laws in view of provisions of Sections 142 to 145 of U.P. Kshetra Panchayats (Samitis) and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as the Act). They have further pleaded that the aforesaid Sections 142 to 145 contemplates imposition of certain fees and tolls but the impugned levy does not come within the ambit of aforesaid Sections, namely, Sections 142 to 145, A plea has also been raised by the petitioners that the aforesaid bye-laws were never published in any reputed newspaper, such as 'Amar Ujala', 'Dainik Jagran', 'Times of India', 'Hindustan Times', 'Rastriya Sahara' etc. vide paragraph 14 of the writ petition, The petitioners or other persons were not made aware about any proceedings for framing of bye-laws by the Zila Panchayat, Agra. These bye-laws were never published as required by Section 239 read with sub-section (2) of Section 242 of the Act, while previous publication is mandatory. In paragraph 17 of the writ petition it has been mentioned that the fee which is being sought to be recovered by the respondents against the facility of drinking water and first-aid treatment at the places of loading and unloading are the statutory functions of the Kshetra Panchayats and Zila Panchayats. It is the duty of the Zila Panchayats to provide drinking water and medical facilities vide Part-A of Schedule II, Clauses (xi) and (xxiii) of the Act. The respondents have failed to take any decision on the representations filed by the petitioners and other persons hence the present writ petitions.;