- (1.) Heard the counsel for the parties.
(2.) The petitioner has filed the instant writ petition for issuance of writ in the nature of mandamus commanding upon the respondents to showcause as to why and under what authority, the respondent no. 3 i.e. the Sahebganj Municipality is collecting the entry fees from the commuters using the National Highway 80, a portion of which runs through Sahebganj Sub- Division and falls within the area of Sahebganj Municipality.
(3.) According to the petitioner, he is the owner of the Truck bearing No. BR 35 1974 and he uses his truck for carrying goods from one part of the State to another on contract basis and he plies his truck only on the National Highway and on any road of Municipality. By an Auction Notice, dated 08.03.2006, under the seal and signature of Special Officer, Sahebganj Municipality - Respondent No. 4, it was notified inviting bid for the rates of collecting Entry Tax from the commuters using the area falling within the Sahebganj Municipality for the year 2006 - 07. It is said by the petitioner that on being successful bidder, one Rajendra Prasad Yadav was authorised for collecting Entry Fee from the commuters using the National Highway 80.;