Vikram Nath, J. - (1.) COMPLIANCE affidavits filed by the opposite parties No. 1 to 3 are taken on record. Learned counsel for the applicant may file replies to the same, within a week.
(2.) WRIT Petition No. 40596 of 2011 was disposed of by the judgment and order dated 2.9.2011. The operative portion of the order contained four directions, the same are quoted hereunder - (i) The petitioner shall not realize any Tahbazari in excess to the rate prescribed by the Zila Panchayat, Mahoba. (ii) The petitioner shall establish appropriate boards at the places from where the petitioner has been authorized to realize Tahbazari giving the details of the various rates prescribed for realization of fee from different kind of vehicles so that transporters, vehicle owners may know the amount which they are required to pay. (iii) In the event, the places which have been specified in the contract are not places from where the vehicles start after loading the minor minerals, it shall be open for the Zila Panchayat to identify such places from where the vehicles start after loading the minor minerals and if required, may execute a supplementary agreement with the petitioner for the purpose of realizing of Tahbazari fee from such specified places. (iv) Subject to the petitioner's carrying out the realization in accordance with the terms and conditions of the agreement and as per the directions issued above, the respondents shall permit the petitioner to realize the Tahbazari fee as per prescribed rate from specified places. Pursuant to the direction No. (iii), the Zila Panchayat, Mahoba vide letter dated 1.10.2011 informed the applicant identifying 6 new sites where the applicant could make recovery of the Tahbazari from the vehicles which were loading minor minerals within the district of Mahoba. The district administration objected to the sites identified by the Zila Panchayat as according to it the sites which had been identified were on the main road causing obstruction and inconvenience to the free flow of traffic. Further it was not in the spirit of the directions issued by the Division Bench. The applicant was stopped from collecting the Tahbazari which resulted into filing of the present contempt application. Notices were issued on 10.1.2012 whereupon the affidavit of compliance has been filed by the opposite parties today. In the affidavit of the opposite party No. 1 the Collector, Mahoba what has been stated is that as the sites identified by the Zila Panchayat pursuant to the directions of the Division Bench contained in the order dated 2.9.2011 were not in consonance of the directions of the Division Bench and in fact were contrary to the letter and spirit of the directions of the Division Bench, the applicant was not permitted to realize the Tahbazari from the said 6 sites. It is further stated in the affidavit of the Collector that an inquiry report was submitted by the Chief Development Officer, Mahoba, based upon that matter has been referred to the State Government and the Chairman and the Executive Officer of the Nagar Panchayat, Mahoba were also apprised of the incorrect identification of the sites. Despite the same neither the State Government has issued any directions nor the officers of the Zila Panchayat have changed the sites.
(3.) LEARNED counsel for the applicant has submitted that out of the 6 sites identified by the Zila Panchayat in its letter dated 1.10.2011, at 3 sites, mentioned at serial nos.1, 2 & 6, there are check posts of the Forest Department and the Minor Minerals Department and therefore, there was nothing wrong in the Zila Panchayat identifying such sites. It is further submitted that even the other 3 sites are close to the places where the vehicles are loaded with minor minerals near stone crushers and the same has been done after due inspection by the officers of the Zila Panchayat. According to the learned counsel for the applicant the Collector and the other officers of the district administration with malafide and for oblique motives are obstructing the recovery of the Tahbazari, to which the applicant is duly entitled under the agreement with the Zila Panchayat. It is further submitted that the Collector has no role to play in the identification of the sites as the directions of the Division Bench was to the Zila Panchayat, Mahoba and the agreement is also with the Zila Panchayat, Mahoba and not with the Collector, Mahoba.;