IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1389 of 2008 (M/S) M/s Joshi Stone suppliers Village Kishanpur Sakulia, P.O. Motahaldu, District Nainital through its Sole Proprietor Chandra Shaker Joshi son of Late Sri Bhawani Dutt Joshi, resident of village Kishanpur Sakulia, P.O. Motahaldu, District Nainital. …… Petitioner. Versus State of Uttarakhand through its Secretary Forest. Civil Secretariat Dehradun and four others. … Respondents. Sri Anil Kumar Joshi, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondents no. 1 to 3. Date August 08, 2008. Hon’ble B.S.Verma, J. This writ petition has been filed for the following reliefs:- I. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to charge transit fee from the petitioner while lifting and transporting the finished product of minor mineral to various places. II. Issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. III. Allow the writ petition with cost. Brief facts, giving rise to the writ petition, are that the petitioner is a proprietor firm carrying on the business of manufacturing and sale of finished produce of minor mineral (RBM). The petitioner has been duly authorized by respondent no. 2 to store and sale the minor mineral after applying manual manufacturing process. The petitioner has filed copy of permission granted by respondent no. 3 in that regard as Annexure No.1 to the 2 writ petition. The petitioner firm is registered with the District Industries Centre as a small-scale industry for manual processing of minor minerals. Copy of order of registration has been annexed as Annexure No. 2 to the writ petition. The petitioner has been carrying on his business following the rules and regulations. Divisional Forest Development Manager has sent a letter dated 7- 12-2006 showing that the petitioner has purchased the minor minerals from Gola River. According to the petitioner, till 14-6- 1999 no transit fee was charged on stone grits, stone chips and stone dust and for the first time the State of U.P. issued a circular for levy of transit fee on riverbed material. A copy of the said circular has been annexed as Annexure No. 4 to the writ petition. By Notification dated 30-9-1999, the State Government notified levy of transit fee on stone grits under the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978 vide Annexure No. 5. The grievance of the petitioner is that the petitioner is paying transit fee on the raw material but the respondents are charging transit fee again on the finished good of minor minerals. The grievance of the petitioner is that the petitioner is paying the transit fee on raw material, but the respondents are charging the transit fee again on the finished goods of the petitioner. Heard learned counsel for the parties and perused the record. In the course of arguments, learned counsel for the petitioner has submitted that the facts of the present writ petition are similar to the facts of Writ Petition No. 310 of 2005 (M/B) M/s Kumaon Pea Gravel Aggregate Manufacturing Co. and another Vs. State of Uttaranchal and three others and the controversy involved in the present writ petition stands resolved by the Division Bench 3 judgment of this Court dated 30-03-2005 passed in said petition, wherein it has been held that transit fee cannot be realized twice on the same material under Uttar Pradesh Transit of Timber and Forest Produce Rules, 1978. Learned counsel for the petitioner urged that this writ petition may be allowed in terms of the judgment dated 30-3-2005 passed in the aforesaid writ petition. Learned counsel for the State has fairly conceded the above fact. I have perused the Division Bench of this Court passed in Writ Petition No. 310 of 2005 (M/B). The facts of the present writ petition are almost identical to the facts of the Writ Petition No. 310 of 2005(M/B). In my view this writ petition deserves to be allowed in terms of the Division Bench Judgment dated 30-3-2005. Subsequently, this Court has allowed the Writ Petition No. 953 of 2008 (M/S), M/s Vinod Stone Products Vs. State of Uttarakhand and two others, vide order-dated 24-6-2008. The facts of that writ petition are also identical to the facts of the case at hand. Accordingly, the writ petition is allowed in terms of 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 three others. The respondents are directed, by a writ of mandamus, not to realize transit fee on the finished goods of the petitioner. Costs easy. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 4 5