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2013 DIGILAW 1282 (SC)

STATE OF UTTARANCHAL v. KUMAON STONE CRUSHER

2013-11-12

T.S.THAKUR, VIKRAMAJIT SEN

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ORDER : 1. Heard. 2. Mr. Dinesh Dwivedi, learned senior counsel for the petitioner-State of Uttarakhand, submits that this Court has, in a batch of petitions (SLP(C) No.11367 of 2007 etc.) arising out of writ petitions from the State of Uttar Pradesh involving identical issues, passed an order on 29th October, 2013 by which the State has been permitted to recover transit fees on forest produce at the rates stipulated in the Third Amendment to U.P. Transit of Timber and other Forest Produce Rules, 1978 on certain conditions. 3. He submits that there is no reason why a similar direction should not be made in these cases also including refund of the amount, recovered from the writ petitioners-respondents herein in the event of their success, along with interest at the rate of 9% per annum from the date the amount is recovered till the date the same is refunded to them. 4. In the circumstances, therefore, and in view of the order already made by us in the connected batch of matters (SLP(C) No.11367 of 2007 etc.), we direct as under: 5. The operation of the impugned judgment(s) passed by the High Court shall remain stayed in these matters subject to the following conditions: (I) Recoveries, if any, made from writ petitioners-respondents herein shall be subject to the ultimate outcome of these matters. (II) In the event of the appeals, filed by the State against the impugned orders passed by the High Court, being dismissed, the amount recovered from the writ petitioners (respondents herein) towards transit fees shall be refunded to them with interest at the rate of 9% per annum from the date the recovery is made till the date of actual refund. (III) The rate at which the recovery may be made by the State shall be those stipulated under the notifications issued on the subject as modified by any interim or final order passed by the High Court of Uttaranchal in any pending writ petition. 6. Pleadings, if not already completed, shall be completed within six weeks. 7. Post these matters for hearing in the month of February, 2014 along with the connected matters arising from the State of U.P. including SLP(C) No.11367 of 2007 etc.