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    Revenue Patwaris Union Punjab, Chandigarh And Others v. The State Of Punjab And Others

    Gosain and Grover, JJ.:— This petition under Article 226 of the Constitution was fixed along with R.S As. No. 614 of 1955, No. 434 of 1957 and No. 1322 of 1957, as the validity of the taxes imposed by the various District Boards on professions, trades, callings and employments were impugned. There is, however, a preliminary objection that has been raised with regard to the maintainability of the petition which must be sustained. The petition has been filed by the Revenue Patwaris Union, Punjab, through Shri Dhunder Singh Chohan, President, Shri Parma Nand, General Secretary, and Shri Hazari Lal, Propaganda Secretary. The petition was filed on behalf of all the Patwaris of the State by their Union, and the authority and jurisdiction of the District Boards in the entire State to impose profession tax on the petitioners was challenged. The objection is that such an omnibus petition does not lie and cannot be entertained. In S.M Muhammad Ibrahim v. The Deputy Commercial Tax Officer, Pudukottai, Tiruchirapalli District . 1956 2 M.L.J 23., Rajagopala Ayyangar, J. has held that the fact that the relief prayed for by the several individuals each of whose individual right is alleged to have been invaded improperly by the impugned order is grounded on a common objection, does not afford any basis for a joint writ petition by several petitioners aggrieved by similar orders.

    2. Each of them has to file independent petitions, paying separate court fee on each, with separate Vakalat, etc. This rule was followed in another case by the same learned Judge in M.S Ganapathi Nadar and Sons Factory v. The State of Madras . 1957 2 M.L.J 54., where the petition had been filed by a factory through its manager. In fact it is conceded by Mr. Bhagat Singh Chawla, who appears on behalf of the petitioner-Union that such a petition is not competent. If it were possible to have allowed amendment so as to convert the petition into one by an individual petitioner, we may have given the permission, but the petition as framed and the affidavits that have been filed do not permit of such a course being adopted. Mr. Ghawla, in these circumstances, wishes to withdraw the petition and states that he will file separate petitions on behalf of individual petitioners. That course may well be open to him, but the present petition must be dismissed. In the circumstances of the case, however, the parties are left to bear their own costs.

    3. Petition dismissed.

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    Revenue Patwaris Union Punjab, Chandigarh And Others v. The State Of Punjab And Others
    (Dec 17, 1958)