Court No. - 35
Case :- WRIT TAX No. - 671 of 2017 Petitioner :- Vikram Singh Respondent :- State Of U.P. And 3 Othrs. Counsel for Petitioner :- Greesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Piyush Agrawal,J.
Counter and Rejoinder Affidavits have been exchanged in this petition, therefore, this petition is being disposed of at the stage of admission itself.
Heard Sri G.K. Malviya, learned Counsel for the petitioner as well as the learned Standing Counsel for the respondents- State.
The petitioner is aggrieved by an order passed by the respondent no.4, Assistant Regional Transport Officer, Fatehpur dated 30.11.2019 by which the respondent no.4 has sought to increase the seats in the Mini Bus owned by the petitioner from 25 to 35 and thereby has raised a demand on the basis of ten extra seats.
It is an undisputed fact that the vehicle of the petitioner was registered as Mini Bus having capacity of 25 seats. The officer concerned cannot at will increase the seats from 25 to 35.
Such issue was also raised in the case of Syed Maswood Akhtar vs. State of U.P. & Others (Writ-Tax No.1568 of 2010) reported in 2012 (4) ADJ 763 (DB) wherein this Court took a view that such an arbitrary increase cannot be made.
We concur with the view taken by this Hon'ble Court in the case of Syed Maswood Akhtar. The order dated 30.11.2019 passed by the respondent no.4 cannot be sustained and is hereby set aside.
The Writ Petition is allowed as above. No costs.
Order Date :- 22.2.2019 S.P.