JETHU RAM Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) JETHU Ram petitioner is a brickkiln owner of village Bhutal Kalan, district Sangrur. He used to get the supply of slack coal through the Civil Supplies Department of the Punjab Government under a license for burning bricks issued to him. The price of the slack coal was fixed by the Government. Respondents Nos. 1 and 2 passed an order in or about October, 1962 whereby they directed that the petitioner (as also the other brickkiln owners) should pay to the State in addition to the price of the coal a levy of Rs. 9.50 P. per ton on the existing stock of coal in his hands as also on the subsequent supplies of coal made to him for burning bricks. By letter, dated October 31, 1962 (Annexure 'A') the Director, Food and Civil Supplies and Deputy Secretary to Government, Punjab, wrote to all the District Officers of the Food and Supplies Department that they should ascertain and certify the existing stocks of slack coal with the brickkiln owners in their respective circles and effect recovery of the levy in dispute at the rate of Rs. 9.50 P. per ton for all such stocks. The District Officers were also directed to note that further allotment of coal should not be made to such brickkiln owners who fail to deposit the amount at Rs. 9.50 P. per ton by November 5, 1962. Another direction given in the circular letter was that the railway receipts in respect of future allocation of coal should be handed over to the brickkiln owners only after recovering in advance the amount calculated on the weight of the consignment in each case at the above said rate. It was made clear that the recovery in question was to be made on coal received by the brickkiln owners from all sources. The amount so recovered was to be credited into the State treasury under the head "Deposit and advances Part IV suspended suspense account compensation account". The object for which the recovery was made was disclosed in the letter in the following words:

(2.) THIS writ petition is therefore, allowed, the order imposing the additional burden of Rs. 9.50nP. per ton on the slack coal in stock with the petitioner on November 1 1962, and on such coal subsequently supplied to the petitioner, is set aside, and respondent No. 1 is directed to refund the actual amount paid by the petitioner on that account. As nobody has appeared to defend the writ petition or to oppose it, there is no order as to costs.