- (1.) Heard Sri N.L. Pandey, learned counsel for the petitioner, Sri V.K. Singh, learned senior counsel assisted by Sri Ravi Prakash Srivastava, Sri V.K. Chandel, Sri Indresh Kumar Singh and Sri Dev Dayal for the respective Zila Panchayats who have been arrayed as respondents no.6 to 9. We have also heard the learned standing counsel for the respondents no.1 to 5.
(2.) The issue raised in this petition is the power and authority of the respondents-Zila Panchayats to realize transportation fee from vehicles loaded with mining material which are being transported from other districts and are passing and repassing through the territorial limits of the respective Zila Panchayats.
(3.) The grievance of the petitioner is, therefore, confined to clause 4 of the bye-laws that have been appended as Annexure 1 to the writ petition to urge that if any mining material is being excavated from within the district and is being transported outside the district, then the Zila Panchayat of that district can realize such transportation fee, but the clause which authorizes the charging of such transportation fee from vehicles coming from outside the district is ultra vires the bye-laws itself as well as Section 239 of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961.;