Court sets aside BPSC charges, petitioner to pay peak hour charges in instalments. Failure to comply leads to immediate recovery.

The court set aside the portion of the impugned order related to BPSC charges and ruled that the petitioner was only liable to pay peak hour charges of Rs. 1,12,384. The court allowed payment in two equal instalments, with the first due by 01.03.2006 and the second by 01.04.2006. Failure to comply would result in immediate recovery by the respondents. The court disposed of the writ petition without costs.

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Issues:
Challenge to order of levy of BPSC charges and peak hour charges, demand for payment on instalment basis.

Analysis:
The writ petition was filed to challenge an order by the third respondent regarding the levy of BPSC charges amounting to Rs. 60,569 and to request permission to pay Rs. 1,12,384. The petitioner argued that the peak hour charges claimed were already the subject of a pending writ petition, which was subsequently dismissed. The impugned order demanded both the peak hour charges and a belated payment surcharge of Rs. 60,589.25. The petitioner contended that it was not appropriate for the third respondent to collect the surcharge while the matter was pending before the court.

The respondent's counsel acknowledged the impropriety of demanding the belated payment surcharge while the matter was sub judice. Consequently, the court set aside the portion of the impugned order related to BPSC charges, ruling that the petitioner was only liable to pay the peak hour charges of Rs. 1,12,384. The court allowed the payment of the peak hour charges in two equal instalments, with the first instalment due by 01.03.2006 and the second by 01.04.2006. Failure to comply would result in the entire amount becoming due for immediate recovery by the respondents.

The court disposed of the writ petition with the above decisions and closed the connected Writ Petition Miscellaneous Petitions without any costs being awarded.

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