STATE OF UTTAR PRADESH Vs. SITAPUR PACKING WOOD SUPPLIERS
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
STATE OF UTTAR PRADESH
SITAPUR PACKING WOOD SUPPLIERS
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(2.)Special leave granted.
(3.)The only question that is required to be determined in these appeals is about the validity of the levy of transit fee under Rule 5 of U.P. Transit of Timber and Other Forest Produce Rules, 1978 (for short the Rules). The High Court has held the Rule to be constitutionally valid but levy of transit fee has been invalidated in absence of quid pro quo. The Rule has not been struck down as in the view of the High Court it is open to the State Government to support the levy of transit fee by rendering service as quid pro quo. This aspect alone is under challenge in these appeals filed by the State Government aggrieved by the conclusion of the High Court that the levy of transit fee is invalid.
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