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2016 Supreme(J&K) 200

N.PAUL VASANTHAKUMAR, TASHI RABSTAN
SOS International & Ors. – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates:
For the Appellant(s)/Petitioner(s):Mr. Sunil Sethi, Sr. Advocate With Mr. Sumit Nayyar, Advocate, Mr. Abhinav Sharma, Advocate With Mr. B.R. Manhas, Advocate.
For the Respondent(s):Mr. D.C. Raina, Advocate General With Mrs. Seema Shekhar, Sr. AAG., Mr. S.S. Nanda, Sr. AAG., Mr. R.K. Gupta, Sr. Advocate With Mr. Rohit Kohli, Advocate & Mr. Adarsh Sharma, Advocate.

JUDGMENT

Tashi Rabstan, J.


1. Through the medium of these petitions, which are treated to be public interest litigation, the petitioners herein besides seeking quashing of Order No. ADC/RSI/11/20-25/NSQ, dated 09.04.2011, Order No. DDCE/2012-13/28/5396-5409, dated 26.12.2012 and Notification No. MC/K/05/386-87, dated 14.07.2005, to the extent of enhancing charges for use of Ponies, Pithoos and Palkies by the pilgrims to Mata Vaishno Devi Shrine and collection of tax/commission @ 12% by the Municipal Committee, Katra outside its municipal limits in violation of the J&K Municipal Act, 2000, also seek a direction to Municipal Committing, Katra prohibiting it from collecting such tax/commission outside its municipal limits in violation of the Municipal Act.


2. As common question of law and facts are involved in all the four petitions, same were considered and heard together and are being disposed of by this common judgment.


3. The main grounds, which led to filing of these petitions and as are projected therein, are with regard to collection of fee/tax from the pilgrims by the Municipal Committee, Katra for the use of Ponies/Pithoos/Palkies outside its municipal limits and the dispute with



































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