WPMS/2839/2021
2022 Latest Caselaw 98 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
       ON THE 11TH DAY OF JANUARY, 2022
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2839 of 2021
BETWEEN:
Zila Panchayat, Udham Singh Nagar                          ...Petitioner
      (By Mr. Ajay Veer Pundir, Advocate)

AND:

State of Uttarakhand and another                      ...Respondents
      (By Mr. S.S. Chauhan, Deputy Advocate General for the State)


                          JUDGMENT

Heard learned counsel for the parties through Video Conferencing.

2. This writ petition has been filed by Zila Panchayat, Udham Singh Nagar against an order dated 02.11.2021, whereby the tender process initiated by Zila Panchayat for collection of loading and carrying tax, from goods vehicle has been kept in abeyance.

3. Learned State Counsel was asked to get instructions. Today on instructions, Mr. S.S. Chauhan, Deputy Advocate General for the State submits that State Government had permitted Zila Panchayat to collect loading and carrying tax only from 20 points earmarked for the purpose, while tender process was initiated by Zila Panchayat in respect of many more points and about 27 new points were included in tender process for which necessary approval of the State Government was

not sought. He further submits that the matter is pending consideration before State Government and State Government will take decision in the matter positively within six weeks.

4. In view of statement made by learned Deputy Advocate General for State of Uttarakhand, the writ petition is disposed of a with a direction to the Secretary, Panchayati Raj Department to take decision in the matter as early as possible, but not later than six weeks from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Shubham