- (1.) Heard Sri S.K. Jaiswal, learned counsel for the petitioners, Sri S.M. Shukla, learned counsel for the respondent No.2-Nagar Nigam, Ghaziabad and the learned standing counsel for the State-respondents. No one appeared on behalf of respondent No.4 in the revised call.
(2.) In this group of cases, the petitioners have prayed for a writ, order or direction in the nature of certiorari to quash the bye-laws dated 12th August 1998 and 7th September, 1999 published in the U.P. Gazettee dated 01.11.1999 and 25.11.1999 framed by the Nagar Palika Parishad, Dankaur, Gautam Buddh Nagar and Nagar Nigam, Ghaziabad respectively. They have also prayed for a writ in the nature of mandamus commanding the respondents not to realize parking fees from the petitioners. Since common issues are involved in these writ petitions and as such, with the consent of the learned counsel for the parties, these writ petitions have been heard together and are being decided accordingly. For the sake of convenience, the facts of Writ Tax No.71 of 2012, Rahat Ali and others Vs. State of U.P. and others are being noted below:
(3.) The petitioners are registered owner of buses registered in the office of Regional Transport Officer, Ghaziabad. They are operating their buses under valid permits on Ghaziabad-Dadri-NOIDA and allied routes. During the course of journey, they pass through the limits of Nagar Palika Parishad, Dankaur, District Gautam Buddh Nagar. In paragraph-5 of the writ petition, it is alleged that the petitioners do not utilize any portion of land belonging to the Nagar Nigam, Ghaziabad or the Nagar Palika Parishad, Dankaur for any purpose including for taking up or setting down the passengers. In the counter affidavit of Sri Anil Kumar, Executive Officer Nagar Panchayat, Dankaur, the aforesaid averments of paragraph-5 of the writ petition have not been denied and it is stated in paragraph-3 of the counter affidavit that the contents of paragraph-5 of the writ petition need no comment. In paragraph-13 of the counter affidavit of Sri A.K. Singh filed on behalf of Ghaziabad Nagar Nigam, it is stated in reply to pargraph-5 of the writ petition that the answering respondents are charging parking fees only from those motor vehicle owners, who used to park their vehicle to pick up or set down the passengers at the parking place. It has further been stated that no stage carriage permit holder will use any place for the purpose of halting, picking up and setting down of passengers other than a place notified as per provisions of the Motor Vehicles Act.;