STATE OF MANIPUR REPRESENTED BY THE COMMISSIONER Vs. A.K CYCLES AND ALLIED CENTRE
HIGH COURT OF MANIPUR
State Of Manipur Represented By The Commissioner
A.K Cycles And Allied Centre
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(1.) Heard Mr.H.Debendra, learned Government Advocate for the review petitioners/State and Mr. Ng.Somorjit, learned counsel for the
(2.) The two respondents/writ petitioners are engaged in export and import based on agreement between the Union India and Myanmar under
valid import licence. They were importing betel nuts through Indo-Myanmar
border. The review petitioner, State of Manipur, through the Forest
Department levied fees @ 7% as Transit Pass Fee for transportation of betel
nuts across the border. That was challenged by the respondents/writ
petitioners by filing W.P(C) No. 909 of 1999 stating that the Forest
Department had no authority to levy the transit pass fee. The writ petition
was disposed of on 23.6.2000 by the learned Single Judge directing the
respondents/writ petitioners to approach the State Government for refund
of the amount deposited. Aggrieved by that, the writ petitioners/traders filed
writ appeal being WA No.94 of 2000 which was allowed on 6.02.2007
directing the State Government to refund the transport pass fees so
collected in 4(four) equal instalments on or before 31st July, 2007.
In the same manner, the State of Manipur and three others filed
writ appeal being WA No. 90 of 2000 against the order dated 23.6.2000
passed by the learned Single Judge in W.P(C) No.909 of 1999. That appeal
was disposed of as not pressed by the following order and is extracted as
"BEFORE THE HON'BLE MR.JUSTICE JN SARMA THE HON'BLE MR.JUSTICE B.LAMARE
For the Appellants : GA For the Respondents : NEMO Date of Order : 29.8.2001
"ORDER Learned Advocate for the appellant does not want to press writ appeal. Accordingly, this appeal shall stand disposed of as not pressed. Stay order if any passed earlier shall stand vacated."
Review Petn.No.3 of 2008Page 2
(3.) Against the disposal of the appeal as not pressed, the present Review Petition No.3 of 2008 along with the application for condonation of
2141 days being M.C. (Review) No. 12 of 2007 was filed. The condone delay application was allowed subject to payment of costs of Rs.10,000/- in the
order dated 14.02.2008. It transpires that the respondents/writ petitioners
filed appeal to the Hon'ble Supreme Court against this condoned delay order
passed in condoned delay application, No. M.C. (Review) No. 12 of 2007.
The SLP No.16324/2008 against the order passed in MC No.12 of 2007 was
dismissed on 01.5.2014 and the same is extracted in para No.9 of this
judgment. Therefore, the review petition is pending after condonation of
delay. We have taken the review petition and heard the counsel for State
petitioner and for respondents.;
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