- (1.) SHRI Anshu Chaudhary has accepted notice on behalf of Zila Panchayat, Mahamaya Nagar and appears for Respondent No. 3 also. Learned Standing Counsel appears for Respondent Nos. 1, 4 and 5. All the Respondents will file counter affidavit within three weeks. The Petitioners will have two weeks thereafter to file rejoinder affidavit.
(2.) LIST on 23.5.2011. The Petitioners are challenging the imposition of licence fee on the cold storage run by it under the licence issued under the U.P. Regulation of Cold Storage Act, 1976 (the Act of 1976) with the capacity of 25837.98 square meters for 8268.15 metric tonnes under the bye -laws made with reference to Section 143/239 of U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 notified on 22.10.2003.
(3.) IT is contended by learned Counsel for the Petitioners, that the cold storage has been constructed on the land purchased by it from its own resources. The Act of 1976 covers the field. The bye -law could be made, only if the land was leased out by the Zila Panchayat and further in any case, the activity of running cold storage does not fall within any of the category of Section 239 giving power to Zila Panchayat to make bye -laws. He has relied upon a judgment of this Court in Uttar Pradesh Udyog Vyapar Pratinidhi Mandal and Ors. v. State of U.P. and Ors. : (2003) 1 UPLBEC 718.;