SANGAM EENT NIRMATA SAMITI Vs. ZILA PANCHAYAT

JUDGEMENT

(1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners, Sangam Eent Nirmata Samiti, Allahabad through its President Sri Uma Shanker Ailwani and Pratap Eent Udyog, Andawa Village, Phoolpur, Allahabad through its partner Devendra Pratap Singh, seek the following relief:"( i) a writ, order or direction in the nature of mandamus declaring the enhancement of licence fee from Rs. 2000/- to Rs. 10,000/- vide notification dated 01.10.2002 (Annexure -1) as ultra vires and unconstitutional (ii) a writ, order or direction in the nature of prohibition restraining the respondents from realising enhanced licence fee of Rs. 10,000/- instead of Rs.2000/- for renewal of petitioners licence for running its brick kiln vide notification dated 01.10.2002 published in U.P.Gazette dated 12.10.2002 (Annexure-1); (iii) any other suitable writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; (iv) award the cost of writ petition to the petitioners."

(2.) Briefly stated, the facts giving rise to the present petition are as follows:According to the petitioners, the petitioner no.l is an association of brick-kiln owners of Allahabad and is registered under the provision of the Societies Registration Act, 1860. It has been formed with an object to promote and safeguard the legitimate interest and privilege of brick-kiln owners of Allahabad and to take steps that may be for the general good of the trade. The petitioner no.2 is a partnership firm duly registered under the Indian Partnership Act. The members of the petitioner no.l association as also the petitioner no.2 are carrying on the business of manufacture and sale of bricks. Their brick-kilns are situate within the limits of the Zila Parishad, Allahabad (hereinafter referred to as "the Parishad"). The Parishad had framed the bye laws on 28.11.1992 in which it had prescribed for a licence fee of Rs.2,000/-per annum for running the brick-kiln. The bye laws had been framed under Section 239(2)(E)(a)(iv) of the U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as "the Adhiniyam"). The bye laws have been amended on 1.10.2002 whereby the licence fee has been increased from Rs.2,000/- to Rs.10,000/- per annum The increase of licence fee from Rs.2,000/to Rs. 10,000/- is under challenge in the present writ petition.

(3.) We have heard Sri R.N.Singh, learned Senior Counsel, assisted by Sri Vishnu Bihari Tiwari, Advocate, on behalf of the petitioner, and Sri W.H.Khan, learned Senior Counsel, assisted by Sri A.Singh, Advocate, on behalf of the Parishad.