Ahsanuddin Amanullah, J. - (1.) Heard learned counsel for the petitioner, learned AAG 3 for the State and Mr. S.D. Sanjay, learned Additional Solicitor General for the Union of India.
(2.) The writ petitioner has moved the Court for the following reliefs: "That the present application by Danapur Cantonment Board, a municipality within the ambit of Article 243P of the Constitution, a local autonomous body in the three tier governance-system is being filed for issuance of a writ in the nature of certiorari setting aside the direction issued by the respondent No.4 (Annexure-P5) stopping the petitioner from realizing the vehicle entry fee mandated to it by Section 67(e) of the Cantonments Act 2006 without first giving any notice or opportunity of hearing to the petitioner even though the entire exercise right from the board-resolution & tender-publication to grant of work-order & start of collection were made known to the respondents both by long-drawn correspondence & paper-publications and for all other suitable reliefs including an exemplary cost & compensation."
(3.) Keeping in mind the nature of controversy, the Union of India was added as a party respondent for the reason that the State Government had referred the matter to the Union in view of the provisions of Section 56(2) read with Section 49(2) of the Cantonments Act, 2006 (hereinafter referred to as the 'Act'). In the aforesaid background the Court on 05.07.2017 had recorded the following order: "3. The Court has been informed that the State has made a reference to the respondent no. 8 under letter no. 4150 dated 18.05.2017, copy of which has been made Annexure-F to the supplementary counter affidavit filed on behalf of respondents no. 4 and 5 today. It is noted that the said letter is by the Chief Secretary, Government of Bihar to the Secretary, Ministry of Defence, Government of India, New Delhi. 4. In such view of the matter, it is agreed by the parties that the ball is in the court of the Central Government, which is the final arbiter in the matter. 5. As the matter has financial implications for the petitioner and is also of general public importance, the Court deems it appropriate that the Government of India takes a decision on the reference made to it expeditiously and in any case, within six weeks from today. 6. Accordingly, as prayed for by Mr. S. D. Sanjay, learned Additional Solicitor General, the matter be listed on 21st August, 2017, retaining its position. 7. The Court would clarify that the Central Government in the Ministry of Defence is free to take a decision in the matter independently, in accordance with law, as the Court has not expressed its opinion on merits.";