Uttarakhand High Court
Hon'Ble V.K.Bist vs State Of Uttarakhand & Ors on 15 January, 2014
Author: V.K.Bist
Bench: V.K.Bist
WPMS No. 110 of 2014 with IA No. 159 of 2014 CLMA No. 371 of 2014 Hon'ble V.K.Bist, J. Mr. Piyush Garg, Advocate, present for the petitioner. Mr. Paresh Tripathi, Add. Chief Standing Counsel present for the State. Mr. J.S. Bisht, Advocate, holding brief of Mr. Sandeep Kothari, Advocate, present for the respondent no. 1 and 2.
Mr. B.P.S. Mer, Advocate, present for Union of India.
Heard.
By means of this writ petition, the petitioner has challenged, inter alia, the quantum of fee known as transit fee from the petitioner. According to the petitioner, this transit fee has been increased from ` 5/‐ to ` 50/‐ which is exorbitant. A learned Single Judge of this Court in a similar writ petition though filed by another petitioner vide its order dated 07.08.2012 passed in Greenply Industries Limited & Ors. Vs. State of Uttarakhand & Ors. has partly stayed the said fee with certain directions. This Court deems fit and proper that the same interim order as passed in earlier petitions be passed in this case as well. Therefore, following interim order is being passed:‐ "The petitioner will pay a sum of ` 15/‐ per tonne per lorry as transit fee, during the pendency of the writ petition, for the forest produce brought inside the State of Uttarakhand. For the balance amount, the petitioner including his agents and transporters will give an undertaking before the Forest Department to the effect, that in the event, the writ petition is dismissed, they would be liable to pay the balance amount within three months from the date of judgment. On the other hand, the Court directs the Forest Department to issue the transit pass on the basis of the aforesaid and, will also keep a record of the movement of the forest produce, namely, the details of the forest produce, the quantity, the value, the name of the consigner and consignee, place of origin, destination, vehicles numbers etc. Such record will be countersigned by the petitioner at the time of the issuance of the transit fee." List this petition alongwith WPMS No. 2810 of 2013 and similar matters after vacation.
Urgency application and interim relief application stand disposed of.
(V.K. Bist, J.)
Parul Vacation Judge
15.01.2014