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A.K.Singh (Founder)     01 May 2017

Srticle 265 of the constitution of india and its violation

Request your opinion on this matter of great impor Respected Members, I need your opinion on how should I understand this Honorable High Court order in a M.P.in PIL (PILMP No.278 of 2015) Brief facts are that I filed a W.P.(PIL) in the Honorable High Court of Judicature at Hyderabad for State of T and AP, questioning the authortity of Secunderabad Cantonment Board in Levying and Collecting Toll Tax under Article 265 of the Constitution of India, and an MP seeking direction to the Cantonment authority to stop with immediate effect the levy and collection of TOll Tax within its jurisdiction. The Honorable High Court admitted the PIL and in the MP(PIL) gave this Order "COLLECTION OF TOLL TAX WOULD BE SUBJECT TO THE OUTCOME OF THE PIL". Now my question to you all is that after this Order has been passed and conveyed to the Respondent (Cantonment Board herein), (i)can the Cantonment Board continue to levy and collect toll tax. (ii) will it amount to contempt of Court if the Cantonment continues to levy and collect Toll Tax. (iii) or do I have to wait for the disposal of the PIL?. As i understand, the day the order was given by the Honorable High Court in the PIL MP the Secunderabad Cantonment Board should have stopped the levy and collection of toll tax, as the order is crystal clear and speaks about the collection of Toll Tax would be dependent on the finality of the PIL. This is very important as the authority is levying and collecting toll tax in violation of the provisions of Article 256 of the Constitution of India. I anxiously look forward to your help. Thank you.


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 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 May 2017

The order of the High Court is not crystal clear please. It is ambiguous. Common sense dictates the authority should not collect toll until the outcome of the PIL is known. You may apply to the High Court once again to give a crystal clearly worded order.


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