Hon'ble Pankaj Mithal,J.
Heard Sri Mohit Kumar, 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 importing coal/coke, which is not forest produce. It is also the case of the petitioners 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 :- 2.4.2010 OP