Allahabad High Court
Agra Stone Traders Association Sewla ... vs State Of U.P. And Others on 6 January, 2010
Bench: Rajes Kumar, Subhash Chandra Nigam
Court No. - 37 Case :- WRIT TAX No. - 5 of 2010 Petitioner :- Agra Stone Traders Association Sewla And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Udit Chandra,Subodh Kumar Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Hon'ble Subhash Chandra Nigam,J.
Heard Sri Udit Chandra, learned counsel for the petitioners and Sri Arvind Tripathi, learned Standing Counsel.
By means of present petition, the petitioners are challenging the levy of transit fee, which is being demanded by the respondents. The case of the petitioners is that they are carrying on the business of Kota Stone and Sand Stone which are not forest produce. It is also the case of the petitioners that they are not transporting the product through forest, therefore, the demand of transit fee is not justified.
Learned counsel for the petitioners submitted that the decision of this Court in the case of Kanhaiya Singh and another Vs. State of U.P. and others has been challenged before the Apex Court in Special Leave to Appeal. In Special Leave to Appeal (Civil) No. 11367 of 2007 Kanhaiya Singh and another Vs. State of U.P. and others, the realization of transit fee has been stayed but the said order has been subsequently modified by the Apex Court on 10.12.2008 and Apex Court directed to maintain a separate account. In the light of the aforesaid orders, this Court while entertaining the writ petition has passed the order dated 4.3.2009 directing the respondents to maintain a separate account in respect of the money collected from the petitioners towards transit fee on various forest produce brought within the territories of the State of U.P. but the realization of transit fee has not been stayed. He submitted that against the said order Special Leave to Appeal (Civil) No. 11923 of 2009 has been filed. The Apex Court has entertained the petition on 15.5.2009 and connected the matter with Special Leave to Appeal (Civil) No. 11367 of 2007 Kanhaiya Singh and another Vs. State of U.P. and others and till the final disposal of the matter, recovery proceeding has been stayed. A copy of the order of the Apex Court is Annexure-5 to the writ petition. In view of the aforesaid order passed by the Apex Court, he submitted that in the present case the recovery proceeding be stayed.
Sri Arvind Tripathi, learned Standing Counsel submitted that the interim order may be passed in the light of the order passed by the Apex Court.
In view of the above, we pass the following order:
"Learned Standing Counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. List thereafter.
Till the next date of listing, the recovery of transit fee against the petitioners shall remain stayed."
Order Date :- 6.1.2010 OP