PRAKASH KRISHNA, R.K.AGRAWAL
Kumar Stone Works Partner Inder Singh, Ram Prasad Singh – Appellant
Versus
State of U. P. – Respondent
( 1 ) IN this is batch of writ petitions, the petitioners have challenged the realisation of transit fee on transport of stone chips, stone grit, stone ballast, sand, morrum, coal, lime stone, dolomite etc. , which they transport within the State of U. P. and sell to different purchasers. The petitioners have also challenged the validity of the notification dated 14. 6. 2004 issued by the Government of Uttar Pradesh amending the U. P. (Transport of Timber and other Forest Produce) Rules, 1978 (hereinafter referred to as "the Rules" ).
( 2 ) CIVIL Misc. Writ Petition No. 975 of 2004 is being treated as the leading petition. Briefly stated, the facts of the aforementioned petition are as follows:according to the petitioners, they have been- granted mining lease by the District Magistrate, sonebhadra, for excavation of boulders, rocks, sand and morrum in the district of Sonebhadra from the plots situated on the land owned by the State Government which do not come within any forest area. The petitioners allege that they do not carry on any mining operation in the forest area. After excavation of boulders, rocks, sand and morrum etc. , they transport the goods from the
REFERRED TO : State of U.P. v. Sitapur Packing Wood Suppliers
Indian Wood Products Co. Ltd. v. State of U.P. and Anr.
State of Tamil Nadu v. Pyare Lal Malhotra
Commissioner of Sales Tax, M.P. v. Popular Trading Company, Ujjain
Suresh Lohiya v. State of Maharashtra and Anr.
State of Maharashtra v. Mahalaxmi Stores
T.N. Godavarman Thirumulkpad v. Union of India and Ors.
Commissioner of Sales Tax, U.P. v. Lal Kunwa Stone Crusher (P) Ltd.
Indian Mica Micanite Industries v. The State of Bihar and Ors.
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