- (1.) THE petitioner claims to have been granted a contract in respect of the vehicle stands/adda for the period of one year. His grievance that he is not permitted to set up barrier on the road by the respondents for collecting stand fee. He has, therefore, filed this writ petition for a writ of mandamus directing the respondents not to interfere with his work of collection of stand fee from the vehicles at the barrier. Further prayer restraining the respondent from interfering with the barriers set up by him for the purpose of collection of stand fee, has also been made.
(2.) THE petitioner has filed the extract of bye laws framed by the Zila Parishad as Annexure-1 to the writ petition, from the perusal of which it appe ars that the Zila Parishad has specified various places for the use as vehicle stand/adda and there is a prohibition against the use of those stand unless the prescribed fee is paid. It is open to the Zila Parishad to frame bye-laws fixing halting place for the use of vehicles but it cannot compel those vehicles to use the stand or pay the fee even if they want to pass or repass without using it. Every person has a right to use a thoroughfare/public street as a passage and he cannot be compelled to pay the fee for the vehicle stand even though same is not being used by him. The decision of a Division Bench of this Court in Sheo Pujan Chaubey v. Adhyaksha Zila Parishad, Mirzapur in Writ Petition No. 791 of 1987 decided on 23rd December, 1987 on which reliance has been placed by the learned counsel for the petitioner is of no help to him. The relevant extract from this decision is reproduced below : "after hearing Counsel for the parties, we are of opinion that all the stands taken by the petitioners by the auction aforesaid, they would be entitled to put their barriers so that they may be able to realise the amount ; but they cannot, in the garb of or in exercise of that power, block the roads by placing the barriers. If they block the roads, the Superintendent of Police would be entitled to remove the obstructions. If no obstruction is caused by the peti tioners none of the respondents would be entitled to interfere with the collection. " From the perusal of the aforesaid passage, it is apparent that a contractor can put up the barrier for collecting the fee at the stand from those who want to use it but it is not open to him to block the road by placing the barrier and if the road is blocked by him by placing the barrier, the Superintendent of Police is entitled to remove the obstructions.
(3.) FOR the reasons given above, the said writ petition is dismissed. Petition dismissed. .;