Court No. - 32 Case :- WRIT TAX No.

- 1061 of 2012 Petitioner :- M/S New Nepal Jadibuti Suppliers Respondent :- State Of U.P. And Others Petitioner Counsel :- Ashok Kumar,Praveen Kumar Respondent Counsel :- C.S.C.

Hon'ble Sunil Ambwani,J. Hon'ble Aditya Nath Mittal,J.

It is stated in paragraph-15 of the writ petition, that the petitioner had not filed any writ petition challenging the levy of transit fee earlier in this Court in any manner. Following the interim order passed by Hon'ble Supreme Court in Special Leave to Appeal (Civil) No.6822 of 2012, Jaiprakash Associates Limited v. State of U.P. & Ors. dated 2nd April, 2012, an interim order was passed in this case also, that in the meantime, there will be stay of demand and recovery of transit fee on forest produce. The matters are still pending in the Supreme Court. Learned Standing Counsel is allowed one week's further time to file counter affidavit. List on 17.9.2012. It has been pointed out by the State that on account of stay of demand and recovery of transit fee on forest produce directed by the orders of the Supreme Court, which are being followed in these writ petitions, the petitioners may be put to terms. It is contended that in case the Special Leave Petitions and consequently these Writ Petitions are dismissed, there will be no record to sustain the demand and recovery of transit fee on forest produce. It is further submitted that the object of obtaining transit pass was to keep record of valid movement of the forest produce. The transit fees was imposed to recover the cost of enforcement. In order to protect the interest of the State, we find it appropriate and direct that the petitioners and all owners/ agents and transporters, who are transporting the forest produce in the State of U.P., shall be required to obtain transit passes (without payment of transit fees). The Forest Department will keep a record of the valid movement of the forest produce, which will include the details of forest produce, which is transported including its quantity and value, the name of the consignor and consignee; the place of origin and destination, vehicle numbers and other details.
Order Date :- 12.9.2012 RKP