M/S Jai Ma Kali Transport & ... vs State Of U.P. And Others
2012 Latest Caselaw 2188 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT TAX No. - 678 of 2012
 

 
Petitioner :- M/S Jai Ma Kali Transport & Supplier
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- N.C. Gupta
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Prakash Krishna,J.

Heard Sri N.C. Gupta, learned counsel for the petitioner and Sri S.P. Kesarwani, Additional Chief Standing Counsel for the respondents.

Learned counsel for the petitioner submits that the Uttar Pradesh Transit of Timber and Other Forest Produce (4th Amendment) Rules, 2010 as well as the Uttar Pradesh Transit of Timber and Other Forest Produce (5th Amendment) Rules, 2011 have been struck down by a Division Bench of this Court in the case of NTPC Limited and vs. State of U.P. and others reported in 2011(11) ADJ 390, in consequence to which the earlier Rule 5, which was existing in pursuance of the Uttar Pradesh Transit of Timber and Other Forest Produce (1st Amendment) Rules, 2004 does not survive and no transit fee on forest produce can be realised. He further submits that subsequent to the aforesaid Division Bench judgment in NTPC Limited's case (supra), the Apex Court has also granted interim orders in various special leave petitioner filed against the aforesaid Division Bench judgment of this Court. Reference has been made to Annexure-7 to the writ petition which is an interim order passed by Apex Court. One of the interim orders passed by the Apex Court in Special Leave to Appeal (Civil) No.6822 of 2012 (Jaiprakash Associates Limited vs. State of U.P. and others) dated 2nd April, 2012 is to the following effect:-

"Since the respondents are duly represented on caveat, service of notice is dispensed with.

The respondents will be entitled to file their counter affidavits to the special leave petition within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.

In the meantime, there will be stay of demand and recovery of transit fee on forest produce."

Learned counsel for the petitioner has placed reliance on the judgments of the Apex Court in the cases of State of Uttar Pradesh and others vs. Hirendra Pal Singh and others reported in (2011)5 SCC 305, State of Tamil Nadu and others vs. K. Shyam Sunder and others reported in (2011)8 SCC 737 and constitution Bench judgment of the Apex Court in the case of A.T.B. Mehtab Majid and Co. vs. State of Madras and another reported in AIR 1963 SC 928.

The submission raised by learned counsel for the petitioner makes out a prima facie case for grant of interim relief.

Let a counter affidavit be filed by the respondents within three weeks.

List thereafter.

In the meantime, there shall be stay of demand and recovery of transit fee on forest produce.

(Prakash Krishna,J)       (Ashok Bhushan,J)

Order Date :- 25.5.2012

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