IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2075 of 2008 (M/S) M/s H.L.Narula Stone Company through its Proprietor Smt. Rajani Narula, W/O Late Shri H.L.Narula, R/O Samta Ashram Rampur Road, Haldwani, District Nainital. …… Petitioner. Versus State of Uttarakhand through Chief Forest Conservator, Uttarakhand, Dehradun and three others. … Respondents. Sri Ghanshyam Joshi, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondents. Date November 11, 2009. Hon’ble B.S.Verma, J. This writ petition has been filed for issue a writ in the nature of mandamus commanding the respondents not to charge transit fee twice from the petitioner on furnished produce in the name of forest produce. According to the petitioner, the petitioner is proprietor firm carrying on business of manufacturing and sale of furnished produce of minor mineral and is duly authorized by the respondent no. 3 to store and sale minor mineral/forest produce including stone etc. after applying manual manufacturing process. The permission granted by respondent no.3 in this regard has been annexed as Annexure-1 to the petition. The petitioner is continuously carrying one the business of manufacturing of stone, grits and sand etc. having obtained a permanent registration certificate from the District Industries Centre under the Directorate of Industries, Government of Uttarakhand. The petitioner firm obtained a letter of consent/no objection certificate on 15-2-2006 from Uttarakhand Environment Protection and Pollution Control Board. A copy of the same has been annexed as Annexure-3 to the petition. The 2 petitioner used to collect raw material/forest produce from river Gola and after transportation of raw material to its plant by applying manual processing method, the petitioner manufactures stone, grit and sand and then transports and sells the same to its consumer inside and outside the district of Nainital. The petitioner used to pay the transit fee while transporting the raw material/minor minerals from the said river according to U.P. Transit of Timber and other Forest Produce Rules, 1978 (for short the Rules). The transit fee receipt showing the payment thereof has been annexed as Annexure-4 to the petition. The grievance of the petitioner is that the petitioner is making payment of the transit fee according to the Rules. The respondents cannot realize the transit fee twice from the petitioner on the articles manufactured by it after applying manual processing device. During the course of argument, learned counsel for the petitioner has submitted that the controversy involved in the present writ petition is squarely covered by the judgment dated 20-8-2008 passed by this Court in Writ Petition No. 1457 of 2008(M/S) M/s Bora Natural Sand and Stone Industries Vs. State of Uttarakhand and others. It is pertinent to mention that Division Bench of this Court in Writ Petition No. 310 of 2005 (M/B) M/s Kumaon Pea Gravel Aggregate Manufacturing Co. and another Vs. State of Uttaranchal and others has passed the order dated 30-3-2005 that transit fee cannot be realized twice on the same material under the Rules. The controversy involved in the present writ petition is identical to that of the Writ Petition No. 310 of 2005 (M/B). Having heard the submissions of the learned counsel for both the parties and having perused the Division Bench 3 Judgment of this Court passed in Writ Petition No. 310 of 2005 (M/B) M/s Kumaon Pea Gravel Aggregate Manufacturing Co. and another Vs. State of Uttaranchal and others, I am of the view that the present writ petition deserves to be allowed in terms of the said judgment dated 30-3-2005. Accordingly, the writ petition is allowed in terms of the Division Bench judgment dated 30-3-2005 passed in Writ Petition No. 310 of 2005 (M/B) M/s Kumaon Pea Gravel Aggregate Manufacturing Co. and another Vs. State of Uttaranchal and others. The respondents are directed, by a writ of mandamus, not to realize transit fee on the finished produce of the petitioner. Costs easy. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 4 5 6 7 8