Meghalaya High Court
Stevenson Kharkrang vs . Khasi Hills Autonomous on 15 May, 2019
Bench: Mohammad Yaqoob Mir, H.S. Thangkhiew
Serial No.01
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
MC[WP (C)] No.107/2019
Date of Order: 15.05.2019
Stevenson Kharkrang Vs. Khasi Hills Autonomous
District Council & ors
Coram:
Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice
Hon'ble Mr. Justice H.S. Thangkhiew, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. S Sen, Adv
For the Respondent(s) : Mr. BB Narzary, Sr.Adv
i) Whether approved for reporting in Yes/No Law journals etc.:
ii) Whether approved for publication in press: Yes/No Learned counsel for the respondents states that he has not received copy of the petition, therefore, he is not in a position to assist the Court but according to the learned counsel for the petitioner, copy of the petition has been served to the respondents, he prays for interim protection till objections are filed.
Petitioner a licensee to collect toll on the entry/exit of goods/products/raw materials at Umiam Industrial Area, Ri Bhoi District for the year 2018-2019.
In the month of January 2019 he appears to have represented before the respondents. The Secretary, Executive Committee, Khasi Hills Autonomous District Council (KHADC) vide communication No.DC.RBF/XXII/116/2004-2019/40 dated 31.01.2019 has conveyed to the petitioner that the Executive Committee, KHADC has considered his petition for collection of the aforesaid toll for a period of three years at the considered amount of Rs.55,000/- for the 1st year i.e. 2019-2020 however lease amount for 2nd and 3rd year shall be enhanced at Rs.5000/- each i.e. it will be Rs.60,000/- and 65,000/- respectively for the years 1 2020-2021 and 2021-2022. In compliance thereof, the petitioner has deposited Rs.55,000/- in support whereof, he has placed on record the receipt.
Now, vide letter impugned dated 29.03.2019 it has been conveyed to the petitioner that for the year 2018-2019 his agreement will expire on 31.03.2019 (midnight). The said communication as also issued by the Secretary, Executive Committee, KHADC, Shillong according to learned counsel for the petitioner, is illegal therefore, its operation may be stayed.
In view of the stated position, petitioner has carved out a strong prima facie case warranting indulgence, therefore, operation of the letter impugned dated 29.03.2019 shall remain in abeyance till objections are filed by the respondents and considered. Petitioner in pursuance to the communication No.DC.RBF/XXII/116/2004-2019/40 dated 31.01.2019 shall be allowed to continue to collect the said toll on the same terms.
List again after two weeks.
(H.S. Thangkhiew) (Mohammad Yaqoob Mir)
Judge Chief Justice
Meghalaya
15.05.2019
"Lam AR-PS"
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