HARUN Vs. STATE OF U P

JUDGEMENT

(1.) Heard, Sri Ramendra Asthana, learned counsel appearing for the petitioner and Sri Vinay Malaviya, learned Standing Counsel representing the respondents, at length and in detail.

(2.) M/s. Harun & Brothers, Timber Merchants, Mali Gate, Saharanpur, through its proprietor Mohd. Harun is engaged in the business of wholesale purchase and sale of timber and fire wood and in connection therewith he has to move the timber and fire wood into or from or within the State of Uttar Pradesh. In connection with the said movement by the petitioner, the respondents are insisting that the petitioner should obtain transit pass or pay therefore the prescribed fee. The: petitioner feels aggrieved by the demand of the respondents. Hence this petition.

(3.) From the perusal of the pleadings of the parties, it transpires that the-demand of the respondents is in exercise of power conferred by the Uttar Pradesh Transit of Timber and other Forest Produce Rules, 1978, hereinafter called the 'Rules' made by the State of Uttar Pradesh in exercise of power conferred upon it under Sections 11, 42, 51 and 70 of the Indian Forest Act, 1927, hereinafter called the 'Act'.