EGGS DEALERS ASSOCIATION Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. B. Devnath, learned counsel for the petitioners and also Mr. Chuba Jamir for the respondents.

(2.) The petitioner No. 1 is an Association of Eggs Dealers of New Market, Dimapur and the petitioners 2,3,4 and 5 are the dealers of Eggs in New Market, Dimapur. The respondent No. 4, the Additional Director. Veterinary and Animal Husbandry. Nagaland issued the impugned letter dated 17.5.2001 to the Deputy Director (M&D) Vety & AH. Dimapur revising the token fee for birds, pigs and other livestock for meat purpose to be collected at the check gates on entry to the State. In the said letter item No. 6 Eggs is shown for collection at the rate of Rs. 2/- per cartoon of 6 plates. The petitioner in this writ petition is aggrieved by this fee imposed on Eggs which according to the petitioner the respondents have no authority to impose fee on eggs which is not a meat. The impugned letter issued by the respondent No. 4 was purported to have been issued under the provision of the Nagaland Livestock and Poultry Contagious Disease Act, 1980 (for short the Act).

(3.) Before coming to the merits of the case, it would be proper to look into the judgment and order dated 14.6.02 passed by this court in W.P.(C) No. 74(K) of 2001. In the said judgment and order the same letter dated 17.5.01 was upheld with regard to the collection of tolls from the animal transported into the State. The learned Single Judge of this Court has come to the conclusion that there is no case of restriction of freedom of business as such as alleged by the petitioner. It was also decided that the petitioner has failed to show any illegality in collection of token fees for the livestock transported into the State at the check post. It was also held that there was no case of double taxation apparently on the basis of which or for that matter is no case of unreasonable restraint on which Court can interfere. On the basis of the above findings, this court has dismissed the writ petition. But in the instant case, the petitioner has sassailed the imposition of fee on the eggs transported into the State.