Court No. - 39
Case :- WRIT TAX No. - 516 of 2019 Petitioner :- Bundelkhand Minidoor Vikram Appee And 3 Others Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Dheeraj Kumar Singh,Ray Sahab Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Shri Mithilesh Chandra Tripathi, learned counsel has filed Parcha on behalf of respondent no. 1, which is taken on record.
Heard Shri Ray Sahab Yadav, learned counsel for the petitioners, Shri Mithilesh Chandra Tripathi for respondent no. 1 and learned standing counsel for respondent nos. 2 & 3.
The petitioners, in this writ petition, are seeking quashing of the notification dated 29.12.2016, in so far as it provides for levy of additional fee in terms of proviso to rules 32 and 81 of the Central Motor Vehicle Rules, 1989 (hereinafter referred to as, 'the Rules of 1989) is concerned.
It is pointed out that the amending rules 32 and 81 of the Rules of 1989 have been struck down by a Division Bench of the Madras High Court in the case of Chennai City Auto Ootunargal Sangam, represented by its Secretary & Others Vs. Secretary, Ministry of Road Transport & Highways & Others, reported in 2017 (3) Mad.LJ 769.
In this view of the matter, we direct the respondents to file counter affidavit(s) within four weeks.
List thereafter.
Till the next date of listing, no additional fee shall be charged from the petitioners in pursuance of the amended rules 32 & 81 of the Rules of 1989.
When the case is listed next, name of Shri Mithilesh Chandra Tripathi shall be printed in the cause list as counsel for the respondents.
Order Date :- 26.4.2019 Amit Mishra