M/S A.B. TRADING WARD AND 14 OTHERS v. STATE OF U.P. AND 10 OTHERS
WRIC/10294/2025 · 2025-10-09
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 193967 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193967 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10294 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioners and leaned Standing Counsel for the State-respondents.
2. The petitioners by means of the present writ petition have prayed for the following relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent authorities to comply the Judgment and order dated 11.11.2011 passed by this Hon'ble Court in WRIT (Tax) No. 327 of 2008 (NTPC Limited & another Vs. State of U.P. and others) connected with other writ petitioners, as well as Judgment and order dated 15.09.2017 passed by the Hon'ble Supreme Court, whereby upheld the Judgment and order dated 11.11.2011 passed by this Hon'ble Court, in the Appeal No.14874 of 2017 arising out of Special Leave Petition (SLP-C) No.19445 of 2004. The Hon'ble may further be pleased to restrain the respondents from charging transit fees up on the Tendu Leaves. (ii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) award the cost of this writ petition in favour of the petitioners."
3. The grievance of the petitioners is that despite the fact that the notification by which the transit fees has been imposed upon the 'Tendu Patta' industry has been declared ultra vires by this Court and the appeal preferred by the State Government against the judgment of the this Court Versus Counsel for Petitioner(s) : Vijay Kumar Mishra Counsel for Respondent(s) : C.S.C., Dhananjay Awasthi M/S A.B. Trading Ward And 14 Others .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s)
has been affirmed by the Hon'ble Apex Court. Yet the respondents are charging transit fee. If the petitioner is aggrieved by the action of the respondents in charging the transit fee the petitioners may challenge the same.
4. In such view of fact, the relief sought by the petitioners is misconceived and the writ petition is liable to be dismissed.
5. Accordingly, the writ petition is dismissed with aforesaid liberty. October 10, 2025 Virendra WRIC No. 10294 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad