DESAI BROTHERS LTD Vs. MUNICIPAL COUNCIL SRI GANGANAGAR

JUDGEMENT

(1.) By this writ petition, the petitioner seeks to restrain the non-petitioners from realising the octroi duty upon the goods which have not been brought within the Municipal limit of Sri Ganganagar for use or consumption and prays that the respondent be restrained from levying any octroi duty on the goods brought by the petitioner at their godown/depot at village Nathan Wali. The petitioner prays that the non-petitioners may kindly be directed to refund the octroi duty charged on 31-12-1987 vide Anx. 7 amounting to Rs. 7992/60 with interest @ 18% and the non-petitioners be further directed to provide the facility of transit pass to the petitioner.

(2.) The petitioner's case is that it is a registered limited Company and having its one of the godowns at village Nathanwali, which is about 5-6 Kms. away from Sri Ganganagar. It is alleged that the petitioner is regularly paying octroi on the goods which have been brought for consumption, use or sale within the municipal limits. It is also alleged that they supply goods from Nathanwali depot to other States and the non-petitioner issue transit pass facility for transportation but they have withdrawn this facility for the last six months. The petitioner has alleged that a Truck No. ABT 1277 which was loaded with Desai Bidis came from Nazamabad (A.P.) and when it reached at village Nathanwali (Chak 2 M.L.) and goods were unloaded, the officers and employees of the Municipal Council, Sri Ganganagar forcibly taken the truck along with bidis in their possession. The petitioner has alleged that they gave a threatening that the truck will not be released without charging the octroi duty. The petitioner made a representation on 31-12-1987 for release of the truck and the goods but of no avail. Ultimately the petitioner deposited the octroi along with the penalties of ten times of the octroi to the non-petitioner under protest on 31-12-1987. Being aggrieved with the denial of providing facility of transit pass by the non-petitioners, the present writ petition has been filed, on 6-1-1988.

(3.) Notice to show cause was issued on 15-1-1988. vide order dt. 23-2-1988 this Court directed that the petitioner shall be given facility of obtaining transit pass under Rule 11 of the Rajasthan Municipality Octroi Rules in respect of the goods which according to the petitioner merely pass through the Municipal limits of Ganganagar, which are not meant for use, consumption or sale within those limits. However, the amount so deposited under Rule 11 shall not be refunded to the petitioner on the export of those goods till the disposal of this writ petition. If the writ petition ultimately succeeds, the amount so deposited by the petitioner under Rule 11 shall be refunded to him along with interest at Bank rate from the date of deposit.