Court No. - 32 Case :- MATTERS UNDER ARTICLE 227 No. - 1254 of 2009 Petitioner :- Nazibabad Stone Crusher Society Respondent :- State Of U.P. & Others Petitioner Counsel :- S. Shekhar,V.K. Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners.
Issue notice to the respondents no. 1 to 3 who may file counter
affidavit.
Steps be taken by registered post within ten days.
Office shall issue notices returnable at an early date.
List for admission immediately after service of notice on the
respondents.
The petitioner no. 1 claims to have a crusher unit and engaged in the
business of crushing stone, boulders and rocks into grit and chips of
different sizes. For the purpose of raw materials, the petitioner no.1
purchases stone, boulder and rocks from Uttrakhand Forest
Development Corporation and forests situated in U.P. and pays
transit fees.
It is contended that when the petitioner transports the raw materials
to his unit situated in Nazimabad, District Bijnor he pays the transit
fees at the check post barrier in the State of U.P. but when the
crushed items are transported to other places the officials of the
Forest Department of the State of U.P. again require the petitioner to
pay the transit fee on the ground that he is transporting the forest
goods as such he is again required to pay transit fee. Learned
counsel for the petitioner also submits that the trial court granted
temporary injunction restraining the respondents from demanding the
transit fees again on such finished goods where the transit fee has
already been paid, on raw material. However, on an appeal being
filed, the lower appellate court has wrongly allowed the same.
Learned counsel for the petitioners relying upon a Division Bench
judgement of this court in the case of Sri Sai Stone Crusher and
others vs. State of U.P. & others decided on 11.4.2008 wherein it
has been held that once the transit fee has already been paid for
transportation of raw materials, no transit fee is payable for finished
goods, contends that the lower appellate court has wrongly and
illegally refused to place reliance on the said judgement merely on
the ground that it was passed in the writ petition.
Primafacie there appears to be force in the submission and the
petitioners are entitled to interim order.
Until further orders of this Court, the respondents are restrained from
realising the transit fees for transportation of the finished goods which
have been manufactured from the raw materials on which the transit
fee has already been paid.
Order Date :- 6.1.2010
nd