Bhisham Sharma vs. State Of Haryana And Others
Facts
The petitioner, Bhisham Sharma, filed a writ petition seeking a direction to the respondents not to charge him amounts exceeding the agreed Rs. 16,100 per month per bus for Stage Carriage permits under the Approved City Bus Service Scheme in Municipal Corporation, Rohtak. The petitioner was allotted permits for five buses. He contended that the agreed amount per bus was Rs. 16,100 plus GST (Rs. 2,898), totaling Rs. 18,998. However, the authorities were charging an additional Rs. 6,270 per bus as Motor Vehicle taxes and Rs. 2,820 per bus as 'ada fee', amounting to Rs. 45,450 per month over and above the Rs. 94,990. The petitioner had made several representations to the authorities regarding this grievance.
Held
The Court disposed of the writ petition with a direction to Respondent No. 2 to consider the petitioner's pending representations dated 20.04.2022, 20.07.2022, 27.07.2022, and 31.03.2023. Respondent No. 2 was instructed to pass an appropriate order in accordance with the law, without being influenced by any pleadings on record. The Court expected Respondent No. 2 to reach a decision strictly in accordance with law, preferably within one month from the date of receipt of a certified copy of the order. The Court did not make any specific findings on the legality of the charges or the merits of the petitioner's claim, as the matter was remitted for consideration by the authority.
Key Issues
1. Whether the respondents are legally entitled to charge Motor Vehicle taxes and 'ada fee' over and above the agreed monthly amount of Rs. 16,100 per bus plus GST for Stage Carriage permits, contrary to the terms of the allotment letter dated 27.04.2021? Petitioner's contention: The petitioner argued that the authorities are levying additional charges for Motor Vehicle taxes and 'ada fee' which are not part of the agreed amount for the Stage Carriage permits. He sought to be relieved from paying these extra charges, which he claims are being imposed over and above the agreed monthly payment per bus. Revenue/State's contention: The judgment does not record any specific arguments or contentions from the respondents. The respondents were represented by counsel who accepted notice and undertook to convey the order to the appropriate authority.
AI-generated summary — verify with the full judgment below
2023:PHHC:076127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 120
CWP No.9521 of 2023 Date of decision: 25.05.2023 BHISHAM SHARMA
...Petitioner Versus STATE OF HARYANA AND OTHERS ...Respondents CORAM : HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present: Mr. Raj Kaushik, Advocate for the petitioner. **** RAJ MOHAN SINGH
, J.
(ORAL)
The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondents not to compel the petitioner to pay the amount over and above the agreed amount i.e. Rs.16,100/- per month per bus in terms of allotment of Stage carriage permit under the Approved City Bus Service Scheme in Municipal Corporation, Rohtak. Learned counsel for the petitioner submits that the petitioner had provided his five buses for putting the same on route allocated to the petitioner vide allotment letter dated 27.04.2021. The petitioner had to pay Rs.94,900/- per month i.e. Rs.16,100/- + (GST) 2,898/-=Rs.18,998/- per bus but the POONAM BHATT 2023.05.25 16:56 I attest the accuracy and authenticity of this order/judgment
2023:PHHC:076127 CWP No
The judgment continues below.
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