Satish Chandra, C. J. - (1.) ON July 28, 1955, District Board, Jaunpur, published a set of bye-laws for "vehicle stands." Bye-law no. 1 stated :- "1. No motor cars, lorries, carts, ekkas and such other vehicles plying for hire shall be allowed to halt for purposes of searching passengers at any public street or place other than stands fixed or within the radius of one mile of the addas or the stands." Bye-law No. 2 fixed the various stands in the rural territories of the District Board, Jaunpur. Bye-law No. 3 stated :- "The places cited in bye-law No. 2 above shall not be used as a stand for any motor vehicle or hackney carriage as decided in bye-law no. 1 unless the following charges are paid :- Name of vehicle Daily Charges Each motor bus or carrier Four annas Each motor car Two annas Each hackney carriage, Tonga, Ekka, cart etc. ONe anna" Bye-law No. 4 provided that the right of collection of the charges may be leased out, and the payment of the fee shall be made forthwith on demand to a person duly authorised in this behalf by the Board.
(2.) IT appears that by a notification published on 28th May, 1976, the rates mentioned in the aforesaid bye-law No. 3 were changed. For motor bus or public carriers the rate was increased to Re. 1/- per day ; for motor cars etc. the rate was increased to fifty paise per day. The petitioners operate stage carriages. Their journey appears to commence from the city of Jaunpur. While going to their destination, they halt at various places within the territory of the District Board, Jaunpur, for picking up and setting down passengers. At the places which have been fixed as stands by the aforesaid bye-laws they are made to pay the parking fee as mentioned in the bye-laws. Aggrieved they have filed the instant writ petitions. The petitioner's case, inter alia, is that the aforesaid bye-laws were ultra vires the powers of the District Board/Zila Parishad. They were hence not legally liable to pay the parking fee demanded from them.
(3.) IN support of this submission the petitioners relied upon a single-Judge decision of this Court in Jagdish Chandra v. State of U. P., 1975 ALJ 571 and Division Bench decisions in M. P. Jain v. Nagar Palika Hapur, W. P. No. 517 of 1977 D/- 8-11-1979 and Sita Ram v. Zila Parishad, Ghazipur, W. P. No. 6130 of 1973 D/-22-8-1979. Learned counsel for the respondent Board, on the other hand, invited the attention of the Bench to a Full Bench decision of this Court in Mewa Ram v. Municipal Board, Muttra, 1939 AWR 525.;