KASIM AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-9-65
HIGH COURT OF ALLAHABAD
Decided on September 24,2015

Kasim And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) Heard Sri S.K. Jaiswal, learned counsel for the petitioners and the learned standing counsel for the State respondents. No one appeared on behalf of respondents No.2, 3 & 6.
(2.) This writ petition has been filed praying for the following reliefs: "(i) issue a writ, order or direction in the nature of certiorari calling for the record of the case and quash the impugned Bye-laws dated 24.06.2006 published in Official Gazette dated 22.07.2006 and letter dated 04.04.2012 issued by Tax Superintendent Nagar Palika Parishad, Hapur. (ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to realize parking fee from the petitioner."
(3.) Learned counsel for the petitioners submits that the impugned bye-laws providing for parking fee is invalid and is in conflict with the government orders dated 26.02.1998, 18.07.1998, 15.04.1999 and 11.08.2003, copies of which have been filed as Annexures No.6, 7, 8 and 10. He submits that the action of the respondent Nagar Palika Parishad, Hapur realising the parking fee is wholly arbitrary and without authority of law and as such, a mandamus may be issued to them not to realise the parking fee.;


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