Civil Writ Petition No. 4084 of 1991 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4084 of 1991 (O&M) Date of Decision : 13.12.2010. Harjeet Kaur .. Petitioner Versus The Municipal Corporation of Ludhiana .. Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH. Present:- None for the petitioner. Mrs. Rajni Gupta, Addl. A.G. Punjab, for the respondent-Corporation. NAWAB SINGH, J (Oral) 1. By filing this writ petition, the petitioner has challenged the action of the Municipal Corporation, Ludhiana, respondent, whereby, the petitioner was penalized to the tune of Rs. 6,170/- for non-payment of octroi duty, in exercise of its jurisdiction under Section 116 of the Punjab Municipal Corporation Act, 1976 (for short, "the Act"). 2. The solitary ground, on which the impugned action was challenged was that the Executive Officer of the Municipal Corporation, Ludhiana, purporting to act under Section 116 of the Act, was not competent to impose penalty on the petitioner. To support the contention, reliance was placed on Nitco Roadways Vs. Muncipal Corporation, Ludhiana 1986 L.R.S. (Pb) 774. The said judgment passed by learned Single Judge of this Court has been over-ruled by a Division Bench of this Court by judgment dated May 27th, 1993 passed in the present case, by relying upon the judgment passed by the Apex Court in M/s Parkash Roadlines (Pvt.) Ltd. Vs. Union of India and another AIR 1989 SC 1962. Civil Writ Petition No. 4084 of 1991 2 .. 3. In view of this, the ground on which the action of the respondent – Municipal Corporation, Ludhiana was challenged, does not hold the field. Hence, this writ petition is dismissed. (NAWAB SINGH) JUDGE December 13th, 2010. som