Dhansiri Truck Owners Association v. The State of Assam and 2 Ors

ORDER

26.07.2024 Heard Mr. A.R. Bhuyan, learned counsel for the petitioner, who submits that the petitioner is a registered Association of commercial truck owners of the Dhansiri area in the district of Golaghat, Assam, who are engaged in the plying of their vehicles for transportation of goods/materials throughout the state of Assam. The vehicles of the petitioner Association are however, made to pay parking fees/taxes for parking of the vehicles in the area covered under the Golaghat Municipal Board.

¶2The petitioner's counsel submits that the Golaghat Municipal Board and their agents/representatives cannot collect parking fees/taxes from the members of the petitioner Association, in terms of the decision passed by this Court in the case of Kolong Valley Bus Santha Vs. State of Assam, reported in (1996) 1 GLR 209, inasmuch as, the vehicles of the petitioner Association do not come within the definition of 'carriage', as provided in Section 3(3) of the Assam Municipal Act, 1956.

¶3The petitioner's counsel submits that though the petitioner has submitted a representation dated 20.10.2022 to the respondent No.3, to restrain the Municipal Boards within the state of Assam from collecting parking fees/taxes from the truck owners, the said representation has not been decided till date. He submits that this writ petition can be disposed of, if the respondent No.3 is directed to take a decision on the petitioner's representation dated 20.10.2022, after giving an opportunity of hearing to the petitioner and the Golaghat Page No.# 3/3 Municipal Board and/or any other Municipal Board.

¶4Mr. S.R. Baruah, learned counsel for all the respondents submits that he has got no objection to the prayer made by the petitioner's counsel.

¶5In view of the consent of the parties, the respondent No.3 is directed to take a decision on the petitioner's representation dated 20.10.2022, after giving an opportunity of hearing to the petitioner and the Golaghat Municipal Board and/or any other Municipal Board. The respondent No.3 shall also take into consideration the decision of this court in Kolong Valley Bus Santha (supra) and decide whether the Municipal Board and it's agents can collect parking fees/taxes from truck owners carrying commercial goods. The respondent No.3 shall take a decision on the petitioner's representation within a period of 2(two) months, from the date of receipt of a certified copy of this order along with a copy of the writ petition. Till a decision is taken by the respondent No.3, the respondent No.3 shall ensure that the Golaghat Municipal Board does not collect parking fees/taxes from the members of the petitioner Association, for parking their vehicles while distributing materials in the area covered by the Golaghat Municipal Board. The above is subject to the condition that the petitioner submits a copy of this order and a copy of the petition within a week from today, to the respondent No.3.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010146992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3708/2024o DHANSIRIoTRUCKoOWNERSoASSOCIATIONo AoREGISTEREDoASSOCIATION,oHAVINGoITSoREGISTEREDoOFFICEoATo SARUPATHAR,oP.O.oANDoP.S.oSARUPATHAR,oDISTRICT-oGOLAGHAT,o ASSAM-o785601,oREPRESENTEDoBYoITSoSECRETARYoSRIoDHARANIoKALITAo (AGE-62oYEARS) VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo THROUGHoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o MUNICIPALoADMINISTRATIVEoDEPARTMENT,oDISPUR,oGUWAHATI-o781006 2:THEoSECRETARY oMUNICIPALoADMINISTRATIVEoDEPARTMENT oDISPUR oGUWAHATI-o781006 3:THEoDIRECTOR oMUNICIPALoADMINISTRATIONoDEPARTMENT oGOVERNMENToOFoASSAM oDISPUR oGUWAHATI-o78100o AdvocateoforotheoPetitionerooooo:oMR.oMoAGARWALLAo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA