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J.M.C Projects (India) Ltd. vs State of U.P. and Others

Allahabad High Court · Decided on 28 April 2011 · Citation: (2011) 1 EFLT 472

HON’BLE JUDGES
Satya Poot Mehrotra, J · Rajesh Chandra, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 16251 of 2011
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Judgment

10 paragraphs · 390 words
1.

The present writ petition has been filed by J.M.C. Projects (India) Ltd. on 15.3.2011.

The grievance in the present writ petition is regarding charging of Transit Fee from the Petitioner under the provisions of the U.P. Transit of Timber and other Forest Produce Rules, 1978.

2.

The present writ petition has remained pending since then, and the Affidavits have been exchanged between the parties.

When the case has been taken-up today, the learned Standing Counsel appearing for the Respondent Nos. 1 to 4 has brought to the notice of the Court that subsequent to the filing of the present writ petition, the Petitioner herein namely, J.M.C. Projects (India) Ltd along with M/s. Girraj- ji Stone Crusher Pvt. Ltd has filed another writ petition before this Court being Civil Misc. Writ Petition No. 549 (Tax) of 2011 wherein interim order dated 16.4.2011 has been passed by a Division Bench of this Court.

3.

A perusal of the copy of the said Writ Petition No. 549 (Tax) of 2011, produced by the learned Standing Counsel, shows that the said writ petition is also in regard to the grievance of the Petitioner regarding imposition of Transit Fee under the aforesaid Rules as has been raised in the present writ petition.

4.

Sri Udit Chandra, Learned Counsel for J.M.C. Projects (India) Ltd., Petitioner herein, on the basis of the instructions received by him on telephonic talk with Sri Mukesh Chandani, stated to be Authorised Signatory on behalf of the Petitioner, has stated that the Petitioner herein, namely, J.M.C. Projects (India) Ltd. has filed the aforesaid Civil Misc. Writ Petition No. 549 (Tax) of 2011 before this Court on 14.4.2011.

5.

It will, thus, be noticed that in regard to the Subject-Matter of the present writ petition, the Petitioner herein, namely, J.M.C. Projects (India) Ltd., has filed the second writ petition before this Court wherein interim order dated 16.4.2011 has been passed.

The Petitioner has evidently abused the process of the Court.

6.

In view of the above, the present writ petition filed by the Petitioner is liable to be dismissed, and the same is accordingly dismissed subject to cost of Rs. 20,000/- to be paid by the Petitioner. The cost will be deposited with the Meditation and Conciliation Centre, High Court, Allahabad within a period of two weeks from today.

7.

Petition Dismissed.