SUBHASH STONE PRODUCTS THROUGH ITS PROPRIETOR, SUBHASH CHANDRA AGRAHARI SON OF SRI KAPOOR CHANDRA AGRAHARI Vs. STATE OF U.P. THROUGH PRINCIPAL SECRETARY FOREST

JUDGEMENT

(1.) HEARD Sri Shashi Nandan, learned Sr. Advocate assisted by Sri Madan Lal Srivastava for the petitioner and Sri C.B. Yadav, learned Chief Standing Counsel for the respondents.

(2.) THE petitioner has come to the court seeking relief for issue of writ in the nature of certiorari quashing the order dated 14.11.2006 (Annexure -10) passed by the respondent No. 2 and also for a writ in the nature of mandamus restraining the respondents from realising any transit fee from the petitioner on the basis of the aforesaid impugned order.

(3.) IT has been contended by Sri Shashi Nandan, learned Sr. Advocate, that since the gitti and boulders, which are taken out from the land under the mining operation when not carried through the forest reserve land and the vehicles carrying boulders etc. do not pass through such land, there is absolutely no justification for imposing or levying any transit fee for carriage of goods by the respondents in its impugned order.