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TMI Blog2014 (5) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... ave heard learned counsel for the petitioner. The petitioner firm is registered under the U.P. Value Added Tax Act and deals in sale and purchase of coal and coke. By this writ petition the petitioner has prayed for directions restraining the respondents to charge transit fee under the U.P. Transit of Timber and Other Forest Produce Rules, 1978 and the business of sale, purchase and transportati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iya Singh & Anr. v. State of U.P. & Ors. and were decided on 5.4.2007. A Special Leave to Appeal (Civil) No.11367 of 2007 filed by Kanhaiya Singh & Ors. v. State of U.P. is pending consideration in the Supreme Court along with large number of Special Leave Petitions arising out of judgment in Kanhaiya Singh & Ors. v. State of U.P. (Supra) as well as subsequent judgment in NTPC Ltd. & Anr. v. State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the Supreme Court in February, 2014 and in the meantime considering the three different interim orders passed, the Supreme Court found it expedient to rationalise and consequently modify the interim orders. The operative portion of the modified order in all the pending matters in Apex Court dated 29th October, 2013 is as follows:- "1) The State shall be free to recover transit fee for fore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndment to the Rules, the State shall be free to make recoveries in terms of the 3rd amendment in regard to the forest produce removed from within the State of U.P. The operation of the orders passed by the High Court shall to that extent remain stayed. 6) This notification shall not apply to exempted goods or industrial by products like Klinker and fly ash." We are of the view that since this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . & Anr. v. State of U.P. & Ors. (Supra). The Apex Court has also modified the interim order on the same terms permitting realisation of transit fee in accordance with Third Amendment to the Rules, until special leave petitions are decided. This writ petition is accordingly disposed of with the same directions as have been issued by Hon'ble Supreme Court on 29.10.2013 and which have been quot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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