AMITAVA ROY, H.BARUAH
Meghalaya Commercial Truck Owner and Operators Association – Appellant
Versus
State of Meghalaya – Respondent
Amitava Roy, J.
1. The dissenssus bears on the validity or otherwise of the collection of tolls at the check gates set up by the Respondent District Council, the Syiems of the different Elakas located within the West Khasi Hills District of the State of Meghalaya and their lessees. Whereas the Petitioner in WP (C) 2398/2008 and WP (C) 2421/2008 question the authority and power of the Respondent Syiems to do so, the Petitioner in WP (C) 2275/2004, Syiem of Mylleim and his Durbar seek an appropriate writ to restrain the State Respondents from obstructing his/their lessees from collecting such tolls within the Syiemship. Viewing the striking identicalness of the issues to be attended, the related pleadings being minimally at variance, analogous hearing was the consensus and this adjudication would answer the debate.
2. We have heard Mr. A. Sharma, Sr. Advocate assisted by Ms. S. Sharma, Advocate for the Petitioner in WP (C) 2398/ 2008 and WP (C) 2421/2008, Dr. B.P. Todi, learned Additional Advocate General, Government of Meghalaya, Mr. B.B. Narzari, learned Standing Council, Khasi Hills Autonomous District Council and Mr. D.K. Mishra, Sr. Advocate for the Respondent No. 3 in WP
Saurashtra Cement and Chemical Industries Ltd. and Anr. v. Union of India and Ors. (2001) 1 SCC 91
State of Kerela v. Madras Rubber Factory Ltd. (1998) 1 SCC 616
Gupta Modern Breweries v. State of J and K and Ors. (2007) 6 SCC 317
New Delhi Municipal Council v. State of Punjab and Ors. (1997) 7 SCC 339
State of West Bengal v. Kesoram Industries Ltd. and Ors. (2004) 10 SCC 201
District Council of United Khasi and Jaintia Hills and Ors. AIR 1972 SC 787
State of Madhya Pradesh v. Thakur Bharat Singh AIR 1967 SC 1170
Bishambhar Dayal Chandra Mohan and Ors. v. State of Uttar Pradesh and Ors. AIR 1982 SC 33
Hirabhai Asha Bhai Patel and Ors. v. State of Bombay and Ors. AIR 1955 Bom 185
Achelal etc v. Janapada Sabha etc. AIR 1963 M.P. 74
Ram Krishna Dalmia v. Shri Justice S.R. Tendolkar and Ors. AIR 1958 SC 538
State of Andhra Pradesh and Anr. v. K. Jayaraman and Ors. (1974) 2 SCC 738
State of Maharashtra and Ors. v. Jalgaon Municipal Council and Ors. (2003) 9 SCC 731
Mohinuddin @ Moin Master v. District Magistrate
Shakuntalabai and Anr. v. L.V. Kulkarni and Anr. (1989) 2 SCC 526
Kerela State Electricity Board v. India Aluminium Co. Ltd. AIR 1976 SC 1031
Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan and Ors. AIR 1962 SC 1406
Saghir Ahmad v. the State of U.P. and Ors. AIR 1954 SC 728
Behram Khursid Pesikaka v. State of Bombay AIR 1955 SC 123
Jindal Stainless Limited (II) v. State of Haryana and Anr. (2006) 7 SCC 241
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.