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1968 Supreme(J&K) 42

ANANT SINGH, JANKI NATH BHAT, S.MURTAZA FAZAL ALI
Girdhari Lal Anand Saraf – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Ch. Inder Dass
Advocate For Respondent: C.K. Daftary
Advocate For Respondent: O.C. Mathur
Advocate For Respondent: Amar Nath Raina
Advocate For Respondent: Amar Chand Vaid

Per Bhat J

(1) This writ petition challenges the levy of toll at Lakhanpur. Nagrota, Banihal and other places under the Levy of Tolls Act, 1995 B, (wrongly put as 1955 A. D. in the writ petition, or under the law in force authorising such a levy. It further challengs the levy of toll of one rupee a maund on all goods imported into the State at Lakhanpur. The contents of the brief petition are as follows: -

(2) That the petitioner who is a permanent resident of the State of Jammu and Kashmir is charged road toll at Lakhanpur, Nagrota and Banihal as prescribed by the Levy of Tolls Act, 1995, corresponding to 1938 A. D (wrongly put in the petition is 1955). These three places are situated on the National Highway as declared by the National Highways Act. 1956 The State further realises Rupee 1/- per manud on all goods imported in the State by road. The Central Act does not authorise imposition of any levy as Road Toll on any National Highway except in terms of Section 7 of the Act. The levies above referred to are not covered by the Section. The levy of Tolls Act has been repealed by the National High ways Act because the National Highway vests in the Central Government. The Central A















































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