Rakesh Kumar Jain, J. - (1.) This order shall dispose of two petitions bearing CWP Nos.5539 and 5536 of 2015 as the issue involved in both the cases is common. However, for the sake of convenience, the facts are being extracted from CWP No.5539 of 2015.
(2.) The petitioners, who are the stage carriage permit holders, are aggrieved against the order of respondent No.3 by which they have been asked to pay the arrears of bus stand fee (hereinafter referred to as the "adda fee").
(3.) In short, it is alleged that the Government of Haryana had issued a scheme, namely, Faridabad, Gurgaon City Private Bus Service Scheme, 2004. The petitioners applied for the stage carriage permits on Gurgaon to Dharuheri via Manesar, Bilaspur, Sidhrawli route. They were issued one permit with four return trips each on the aforesaid route. The permit was valid for a period of five years. Initially, after the issuance of permit in the year 2004, the petitioners were allotted booth inside the Bus Stand, Gurgaon but the said arrangement remained effective only for about six months. Thereafter, the petitioners were put up in kuchha place outside the bus stand for operation of their bus services. The said area was sans shelter for the passengers and other facilities. On 21.12.2005, the petitioners were asked to pay the adda fee @ Rs. 10/- per return trip per bus stand consisting of 3 bays or bigger bus stands falling on the route, which was lateron enhanced to Rs. 50/- vide order dated 01.05.2006. The said order was challenged by the petitioner by way of CWP No.10790 of 2006, which was disposed of on 20.07.2006, holding that increase of Rs. 50/- from Rs. 10/- is not illegal. However, the Division Bench passed the following order while disposing of the writ petition:- "Next grievance of the petitioners is that they are not allowed to park their buses in the bus stand and further that the condition of bus stand is not up to mark. To say so, reference has been made to the photographs Annexures P-4 to P-7. For redressal of this grievance of the petitioners, directions are issued to respondent No.2 to see that money is spent as per Rule 196 of the Haryana Motor Vehicles Rules, 1993, for development of the bus stand and further that the place be also earmarked for the petitioners, to park their buses, inside the bus stand. With regard to this grievance of the petitioners, respondent no.2 is directed to treat this writ petition as a representation and pass an order, as referred to above, within one month from the date of receipt of a copy of this order.";