Shri Jitendra Singh Thakur v. State Of Maharashtra, Through Its Secretary To Home Department (Transport), Mumbai And 3 Others

02.12.wp.3366.14

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3366/2014 (Jitendra Singh Thakur vs. The State of Maharashtra and others) .............................................................................................................................................. ..

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. None for the petitioner Mr. A.S.Fulzele, Additional Govt. Pleader for respondents 1 to 3 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 2nd December, 2016.

Heard.

The issue involved in this case is answered in favour of the petitioner by the judgment dated 11.3.2016 in Writ Petition No.4098/2014 :(Royal Carrier & Courier Pvt.Ltd. vs. State of Maharashtra and others) Hence, for the reasons recorded in the judgment dated 11.3.2016 in Writ Petition No. 4098/2014, it is hereby declared that the respondents do not have an authority in law to levy and demand the passenger tax @ 70% load factor of sitting capacity of passenger vehicle. The amount deposited by the petitioner in terms of our interim order dated 9th July 2014 should be adjusted by the State Government towards the dues that were liable to be paid by the petitioner and the dues that would liable to be paid by the petitioner, in future. Order accordingly. No costs.

JUDGE JUDGE

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