IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3763 of 2001 BIHAR RIKSHAW, THAILA, TAMTAM KAMGAR KALYAN SANGH Versus DANAPUR CANTONMENT BOARD & ORS ----------- 6 20.1.2009 Heard counsel for the petitioner. After some arguments, counsel for the petitioner realizes that the power of the cantonment board to make settlement of a rickshaw or tamtam stand cannot be possibly questioned in view of the vast power vested to the cantonment board under the Cantonment Act. He however has then addressed this Court on the second aspect i.e. the exercise of powers of either being authority of the board or the settlee by over charging the members of the association namely rickshaw pullers or the owners of the tamtam. In this context, from the counter affidavit, it would appear that the rates have been prescribed and therefore, if either the settlee or the authority of the cantonment board finds that any realization of amount is being made beyond the prescribed rate, the same must be stopped forthwith and if such a complaint is brought to the notice of the competent authority of the cantonment board, action must be taken against the earring persons. As with regard to the last aspect as to whether some provisions have been made for the 2 rickshaw/tamtam stand so as to give power to the cantonment board to raise revenue, this Court would find it difficult because there is no statutory provision made as what would be the immediate requirement of such tamtam stand or rickshaw stand. That being so, even if a space is being used as a tamtam stand or rickshaw stand, the authority of the cantonment board would be entitled to realize the amount. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)