Allahabad High Court
Maa Gayatri Stone Works Pvt. Ltd vs State Of U.P. And 4 Others on 1 August, 2013
Bench: Satya Poot Mehrotra, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT TAX No. - 724 of 2013
Petitioner :- Maa Gayatri Stone Works Pvt. Ltd
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Madan Lal Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Anjani Kumar Mishra,J.
It is submitted by Shri Madan Lal Srivastava, learned counsel for the petitioner that the validity of the U.P. Transit of Timber and Other Forest Produce (4th Amendment) Rules, 2010 as well as the U.P. Transit of Timber and Other Forest Produce (5th Amendment) Rules, 2011 was challenged before this Court in NTPC Ltd. Vs. State of U.P. and others, 2011 (11) ADJ 390 and various other Writ Petitions .
This Court struck-down the aforesaid U.P. Transit of Timber and Other Forest Produce (4th Amendment) Rules, 2010 as well as the U.P. Transit of Timber and Other Forest Produce (5th Amendment) Rules, 2011 and allowed the State to charge Transit Fee at the rates notified prior to these amendments.
Shri Madan Lal Srivastava, learned counsel for the petitioner further submits that the judgments of this Court have been challenged before the Supreme Court in SLP (C) No.6147-6171 of 2012. It is further submitted that their Lordships of the Supreme Court have passed the following order dated 1.3.2012 :
"Delay condoned.
Issue notice and tag with S.L.P. (C) No.11923 of 2009.
Since learned counsel has appeared on behalf of the State of U.P., service of notice is dispensed with on the said respondent. Leave is given to the learned counsel for the respondents to file Vakalatnama, if not already filed, within a week from date.
In the meantime, there will be stay of demand and recovery of transit fee on forest produce."
It is submitted that the matters are still pending in the Supreme Court, and that in almost all the cases, the Supreme Court as well as this Court has stayed the demand and recovery of Transit Fee on forest produce. As an instance, Shri Madan Lal Srivastava has referred to the order dated 8.8.2012 passed in Civil Misc. Writ Petition Tax No. 931 of 2012, copy whereof has been filed as Annexure-6 to the Writ Petition.
Learned Standing Counsel appearing for the respondent nos. 1 to 5 does not dispute that the controversy is pending before the Supreme Court as well as in various Writ Petitions before this Court and interim orders have been passed by the Supreme Court as well as by this Court.
In view of the above, we are proceeding to pass similar order in the present Writ Petition as passed by this Court in various Writ Petitions in regard to the controversy in question.
Issue notice pending admission.
Notice on behalf of the respondent nos. 1 to 5 has been accepted by the learned Standing Counsel.
Therefore, no notice need be sent to the respondents.
Counter affidavit on behalf of the respondents may be filed within four weeks.
Rejoinder affidavit may be filed within two weeks thereafter.
Connect and list with Civil Misc. Writ Petition Tax No. 931 of 2012 after expiry of the aforesaid period.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the interim orders passed by their Lordships of the Supreme Court in the aforesaid SLP (C) No.6147-6171 of 2012 as also the interim orders passed by this Court in various Writ Petitions including the aforesaid Civil Misc. Writ Petition Tax No. 931 of 2012, it is provided that there shall be stay of demand and recovery of Transit Fee on forest produce. However, in order to safeguard the interest of the State, it is further provided that though there will be stay of demand and recovery of Transit Fee on forest produce, the petitioner and all other owners/ agents and transporters, who are transporting the forest produce in the State of U.P., shall be required to obtain Transit Pass (without payment of Transit Fees). The Forest Department will keep a record of the movement of forest produce, which will include the details of forest produce, which is transported including its quantity and value, the name of the consignor and consignee, the place of origin and destination, vehicle numbers and other details.
Order Date :- 1.8.2013
Priyanka
