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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Chaman Tulsyan – Appellant
Versus
State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant writ petition has been filed under Article 226 of the Constitution of India seeking therein following reliefs: -
“(i) For issuance of an appropriate writ/order/direction, including writ of Declaration, declaring that action of Respondent-State of Jharkhand in levying/collecting ‘Toll Tax’ in the form of ‘Composition User Fee’ through the medium of ‘Jharkhand Integrated Mines and Minerals Management System Portal’ (hereinafter referred to as JIMMS Portal for short) at the time of generation of Transport Challan for transportation and otherwise removal of minerals, is contrary to the provisions of Jharkhand Highways Fee (Determination of Rates and Collection Amendment Rules 2021 (hereinafter referred to as Rules of 2021 for short) especially in view of the fact that neither any notification under Rule 3(2) of the rules of 2021 has been issued notifying the date of collection of Composition User Fee on completion of sections of State Road, nor any scheme under Rule 3A has been issued enabling levy of ‘Composition User Fee’.
(ii) For issuance of further appropriate writ/order/direction, including Writ of Declaration, declaring that action
Rule 3A of the Jharkhand Highways Fee Rules requires notifications for Composition User Fee levy; its absence invalidates the fee under the Indian Toll Act, emphasizing requirements for legal taxatio....
The Central Government is empowered under Section 211 of the Motor Vehicles Act to levy additional fees for delayed applications related to driving licenses and vehicle registrations, which are not p....
Power of State Governments to make rules in respect of minor minerals and rules for preventing illegal mining, transportation and storage of minerals - State Government has no legislative competence ....
Tolls must reflect the quality of infrastructure; charging during poor conditions violates fair service principles.
Advocates appeared :For the Appellant : Naman Nagrath, Sparsh Prasad For the Respondent : Pushyamitra Bhargav
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