CWP No.104 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 27.7.2009 Haryana Rolling Mills through its Partners ...Petitioner VERSUS The Municipal Committee through its President …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Mani Ram, Advocate for petitioner Mr.Anjum Ahmed, Addl.A.G., Haryana Mr.Rajnish Bansal, Advocate Mr.Raman B.Garg, Advocate Permod Kohli, J. (Oral) CWP No.104 of 1988 2 The petitioner is aggrieved of the enhancement of the rate of octroi duty vide Notification dated 12.3.1987. By the aforesaid Notification, octroi duty was enhanced from Rs.0.53 per quintal to Rs.2.10 per quntial on the purchase of the goods like Hot Rolled Iron Coil Skelp etc. Mr. Raman B.Garg learned counsel appearing on behalf of the Municipal Committee submits that earlier the rate of Rs.0.53 paise per 100 kgs was being charged under a wrong entry and on noticing this fact, the rate of Rs.2.10 per quntial was being charged under the Entry where under Item No.80 of the Schedule falls. Be that as it may. At this stage, learned counsel for the petitioner has brought to my notice that the same Notification was subject matter of challenge in CWP No.9695 of 1987 which came to be disposed of by this Court vide order dated 19.1.1988 with the following directions:- “2.During the course of the arguments, it was found that before the matter could be decided, it required determination of certain facts, and therefore, the matter could not be disposed of in this writ petition. There is no order passed by the Municipal Committee charging rate of Rs.2.10 per 100 kgs. It was, therefore, agreed between the parties that within one week from today, the petitioner will file necessary objections before the Municipal Committee or its Officer competent to decide the matter as regards the charging of octroi on the goods brought by them within the municipal limits. On the filing of the said CWP No.104 of 1988 3 objections by the petitioner, the Committee/Octroi Superintendent will dispose of the same by a speaking order. The aggrieved party will be competent to file the appeal as contemplated under Section 99 of the Haryana Municipal Act, 1973. The said appeal when filed by the party, will be disposed of within one month by the appellate authority. 3.However, it is directed that till the matter is finally disposed of by the appellate authority, the petitioner will pay octroi at the rate of Rs.0.53 under Item No.80 of the Schedule. 4.In these circumstances, this writ petition is disposed of accordingly with no order as to costs.” Mr.Mani Ram submits that since the aforesaid writ petition involves similar question of law, this petition be also disposed of in the same terms. In view of the above, this writ petition is disposed of in terms of the aforesaid directions passed in CWP No.9695 of 1987. The right of the respondents to recover the amount shall depend upon the outcome of the proceedings by the Appellate Authority. The petitioner shall file objections in terms of the aforesaid order within a period of two weeks, failing which the respondents shall be at liberty to enforce the demand. (PERMOD KOHLI) JUDGE 27.7.2009 MFK