Civil Pleadings Civil Writ Petition

Civil writ Petition

In the High Court of Judicature at . 

In the matter of, Article 226 of the Constitution of India 

Civil writ Petition No of . Petitioner 

A B (add description and residence)  

Versus 

Petitioner for a writ of mandamus  

The petitioner above named stated as follows:  

1. That he is the owner of a passenger Bus No ______which is plied for carrying passengers form  _______to ______ under permit No ______issued on ______by ______ 

2. That in the course of the journey from _______to______, the said bus carrying passengers of  otherwise has to cross the bridges at______ and over the rivers ______and ______ respectively  at points ______, and _______  

3. That in the rainy season the waters of the said rivers overflow the said bridges and in order to enable  the passengers to go from one end of the river to another for the purpose of crossing the said rivers,  the Respondent has made arrangements to carry the passengers or persons intending to cross the  said river by providing boats at the ferry close to each said river, known as on the river ______and  ______ ferry on the river ______ 

4. The Respondent levies a toll of Rs ______Per bus for one trip when it proceeds to cross each of the  said rivers over the bridges aforementioned. Thus Rs ______ are required to be paid by  each bus (inclusive of the petitioner) to go from ______to ______ and return there from ______to ______ 

5. That it is alleged that this toll is charged in order to maintain the ferries under Northern India Ferries  Act, 1878.  

6. That no such toll is charged on the days when owing to floods the said bridges ate over flown with  the current of the said rivers and the vehicular traffic cannot cross the bridge.  

7. That the levy of the said toll from the petitioner at the crossing of his bus (passenger) at ______and  _____ is illegal.  

8. That the petitioner being aggrieved by the said levy and charging of the said toll from the petitioner,  he approaches this Hon'ble Court for issue of a writ of mandamus prohibiting the Respondent from  making such charge of levy of said toll and for refund of sums already paid to the respondent in this  behalf, on the following, among other. 

Reasons  

i. That the pucca bridges ((known as _____and _____) over the river_____  and_____aforesaid are not ferries within the meaning of Northern India Ferries Act, 1878.  

ii. That the notification issued under the said Act, in respect of the said, deemed to be ferries, is  ultra vires.  

iii. That the said bridges are part of the public roads and highways.  

iv. That Government could not declare these bridges to be ferries.  

v. That the said road from _____to _____and the bridges thereon are not maintained by the  Respondent. It incurs no expenditure over their maintenance. Hence no levy could be made by  the Respondent in this behalf form the petitioner.  

vi. ____________ 

9. it is prayed that a writ of mandamus be issued to the Respondent to forbear from levying any toll, tax  on the vehicle (bus) of the petitioner when it crosses the abovementioned two bridges over the rivers  _____and _____the respondent be further directed to return the money deposited by the petitioner  with the Respondent in this behalf.  

N.B. - An affidavit in support of the petition is also filed herewith.  

Date Petitioner.  

Advocate.  

For the petitioner.  

____________