2014 (4) TMI 452 - HC - Indian Laws

Transit fee - Method of Realisation of Transit fee Transit Fee on transportation/imports of misc. coal, marble stones - Held that - Order of this court in M/s Rama Traders Vs. State of U.P. & 7 Ors followed - In terms of the directions issued by the Supreme Court on 29 October 2013, the realisation of the transit fee as directed by the Supreme Court will be subject to the final decision of the Supreme Court in the pending Special Leave Petitions against the judgment of this Court - The writ petition is disposed of.

Summary

Issues:
Petitioner engaging in trading of coal, coke, and marble stone seeks relief from transit fee charged by respondents and refund of the amount collected.

Analysis:
The petitioner, engaged in trading goods from outside Uttar Pradesh, sought relief from transit fee charged by the respondents. The petitioner relied on interim orders from the Division Bench of the High Court and the Supreme Court. The Supreme Court, in a subsequent order, modified the earlier interim orders concerning the recovery of transit fees for forest produce within the state. The Supreme Court's order specified conditions for recovery and refund of amounts, subject to the outcome of pending petitions. A Division Bench of the High Court disposed of a similar writ petition in accordance with the Supreme Court's directions, with the observation that the transit fee realization would be subject to the final decision of the Supreme Court. The petitioner's counsel had no objections to this order.

The High Court disposed of the petition in line with the Supreme Court's directions issued on October 29, 2013. The realization of transit fees would adhere to the Supreme Court's directives and be contingent upon the final decision of the Supreme Court in the pending Special Leave Petitions against the High Court's judgment. The judgment made no order regarding costs.