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1966 Supreme(All) 51

S.K.VERMA
Punjab Lime and Lime-stone Co. , Dehradun – Appellant
Versus
Cantonment Board, Dehradun – Respondent


Advocates:
S.C. Khare and A.B. Saran, for Petitioner; V. Swaroop and K. Swaroop, for Respondents.

ORDER :- These are two connected writ petitions under Article 226 of the Constitution of India. The petitioners in the two cases have taken a lease of lime-stone quarry situate at Bhitarli in the District of Dehradun. The lime which is taken out of the quarry is taken to the railway station of Dehradun in trucks. While going from the quarry to the railway station the trucks have to pass over a road within the limits of the Cantonment Board of Dehradun. The Cantonment Board has erected barriers for the purpose of realising toll on the trucks passing through the Cantonment Area. The petitioners challenged the validity of the toll levied on their vehicles. They filed an appeal which was dismissed by the Additional District Magistrate (Judicial) Dehradun. They thereupon filed a suit for an injunction restraining the Cantonment Board from realising the toll but the suit was also dismissed. They have, therefore, filed these petitions. They pray that a writ, order or direction in the nature of certiorari be issued, quashing the notification No. S. R. O. 369 dated 1st of November, 1963, sanctioning the levy of toll tax under section 60 of the Cantonments Act. The further prayer is that a w










































































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