- (1.) The petitioner is engaged in the business of sale and purchase of Coal and claims to bring these goods from outside the State of Uttar Pradesh. The principal relief which has been sought in these proceedings is as follows: - "I. Issue a writ, order or direction in the nature of mandamus restraining the respondents not to charge the transit fees from the petitioner who is doing business of sale and purchase of coal and the same is brought from outside the State of U.P. as well as, inside the State of U.P. to their business premises." 2. The petitioner has relied on the interim orders which were passed by a Division Bench of this Court on 6 January 2010 in Writ Tax No. 5 of 2010 (Agra Stone Traders Association Sewla and another Vs. State of U.P. and others) and the interim order passed by the Supreme Court dated 17 December 2009 in Petition(s) for Special Leave to Appeal (Civil) No(s).11923/2009 (Kailash Chandra and others Vs. State of U.P. and others). Subsequently, the Supreme Court has, by an order dated 29 October 2013 passed in Petition(s) for Special Leave to Appeal (Civil) No(s).11367/2007 (Kanhaiya Singh and another Vs. State of U.P. and others) modified the earlier interim orders which were passed in batch of cases in the following terms: - "We are, therefore, inclined to modify the orders suitably to the following effect:
(2.) THE State shall be free to recover transit fee for forest produce removed from within the State of U.P. at the rate stipulated in the 3rd amendment to the Rules mentioned in the earlier part of this order. Any such recovery shall remain subject to the ultimate outcome of present petitions pending in this Court.
(3.) IN the event of writ petitioners/private parties succeeding in their cases, the amount deposited/recovered from them shall be refunded to them with interest at the rate of 9% p.a. from the date the deposit was made till actual refund.;