Court No. - 37 Case :- WRIT TAX No. - 1055 of 2010 Petitioner :- M/S Sri Sai Nath Traders, And Another Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Ved Prakash Singh Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Hon’ble Bharati Sapru,J.
Heard Sri V.P. Singh learned counsel for the petitioner and
Sri A. C. Tripathi, learned Standing Counsel.
By means of present petition, the petitioner is challenging
the levy of transit fee, which is being demanded by the
respondents. The case of the petitioner is that he is
transporting coal, which is not forest produce. It is also the
case of the petitioner that he is not transporting the product
through forest, therefore, the demand of transit fee is not
justified.
learned counsel for the petitioner submitted that the decision
of this Court in the case of Kanhaiya Singh and another Vs.
State of U.P. and others has been challenged before the
Apex Court in Special Leave to Appeal. In Special Leave to
Appeal (Civil) No. 11367 of 2007 Kanhaiya Singh and
another Vs. State of U.P. and others, the realization of
transit fee has been stayed but the said order has been
subsequently modified by the Apex Court on 10.12.2008 and
Apex Court directed to maintain a separate account. In the
light of the aforesaid orders, this Court while entertaining the
writ petition has passed the order dated 4.3.2009 directing
the respondents to maintain a separate account in respect of
the money collected from the petitioners towards transit fee
on various forest produce brought within the territories of the
State of U.P. but the realization of transit fee has not been
stayed. He submitted that against the said order Special
Leave to Appeal (Civil) No. 11923 of 2009 has been filed.
The Apex Court has entertained the petition on 15.5.2009
and connected the matter with Special Leave to Appeal
(Civil) No. 11367 of 2007 Kanhaiya Singh and another Vs.
State of U.P. and others and till the final disposal of the
matter, recovery proceeding has been stayed. In view of the
aforesaid order passed by the Apex Court, he submitted that
in the present case the recovery proceeding be stayed.
Sri A.C. Tripathi, learned Standing Counsel submitted that
the interim order may be passed in the light of the order
passed by the Apex Court.
In view of the above, we pass the following order:
“Learned Standing Counsel prays for and is granted four
weeks time to file counter affidavit. Rejoinder affidavit may
be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the recovery of transit fee against
the petitioner shall remain stayed. The respondents are
further directed to maintain a separate account in respect of
the petitioner and take an undertaking from the petitioner
that in case of dismissal of the writ petition and in case if
levy of transit fee will be held valid, he undertakes to pay the
transit fee.”
Order Date :- 29.7.2010
rk