Court No. - 24 Case :- MISC. BENCH No. - 10193 of 2013 Petitioner :- Nepal Jadi Booti Vyawasayiee San ! "!#.

Its $en. Se%#eta#y Respondent :- State &f '.(."!#.(#in.Se%y.)o#est $o*t.&f '.(.+,o.- &t!e#s Counsel for Petitioner :- .*inas! S#i*asta*a/0an1an S#i*asta*a Counsel for Respondent :- C.S.C./..S.$./$!a2s Be Hon'ble Rajiv Sharma !. Hon'ble "ahendra #a$al !. Hea#d Co2nsel fo# t!e pa#ties and pe#2sed t!e #e%o#ds. Co2nsel fo# t!e petitione# s234its t!at t!e 52estion in*ol*ed in t!e instant w#it petition !as al#eady 3een settled 3y t!is Co2#t at .lla!a3ad in 6#it "a7 No. 898 of 2012 :M;s $i#i#a1 Ente#p#eises Vs. State of '.(. - &t!e#s/ de%ided on 9.12.2013. "!e ope#ati*e po#tion of t!e o#de# dated 9.12.2013 is #ep#od2%ed as 2nde# : "10. We, therefore, following the order of Hon'ble Supreme Court, modify all the orders passed in these writ petitions to the following effect ! 1" #he State shall be free to reco$er transit fee for forest produce remo$ed from within the State of %.&. at the rate stipulated in the 'rd amendment to the (ules mentioned in the earlier part of this order. )" *ny such reco$ery shall remain sub+ect to the ultimate outcome of present petitions pending in this Court. '" ,n the e$ent of writ petitioners-pri$ate parties succeeding in their cases, the amount deposited-reco$ered from them shall be refunded to them with interest at the rate of ./ p.a. from the date the deposit was made till actual refund. 0" #he State shall maintain accurate amount of reco$ery made and the nature and the 1uantum-1uantity of the produce remo$ed by the pri$ate parties concerned. 2" 3$en in the )nd batch of cases arising out of Writ &etition 4o. .52 of )000 whereby the High Court has struc6 down the 0th and 2th amendment to the (ules, the State shall be free to ma6e reco$eries in terms of the 'rd amendment in regard to the forest produce remo$ed from within the State of %.&. #he operation of the orders passed by the High Court shall to that e7tent remain stayed. 8" #his modification shall not apply to e7empted goods or industrial by products li6e 9lin6er and fly ash. 11. Since all the issues raised in these writ petitions ha$e already been decided by this Court in the aforesaid +udgments, with the aforesaid modification of the orders, all the writ petitions are disposed of. #he orders as modified by us will continue and will be sub+ect to the decision of Hon'ble

Supreme Court in the matters pending before it. #he State :o$ernment will circulate these modified orders for compliance to all the concerned authorities." Co2nsel fo# t!e petitione#/ t!2s/ !as s234itted t!at inte#est of 12sti%e wo2ld s2ffi%e/ if t!e 3enefit of t!e afo#esaid 12d 4ent and o#de# dated 9.12.2013 3e e7tended to t!e instant w#it petitione#/ to w!i%! lea#ned Co2nsel fo# t!e opposite pa#ties !as no o31e%tion. .%%o#din ly/ t!e w#it petition is disposed of finally in te#4s of t!e o#de# dated 9.12.2013 passed in 6#it "a7 No. 898 of 2012. "!e 3enefit of t!e 12d 4ent and o#de# dated 9.12.2013 is e7tended to t!e petitione#. %rder #ate :- 9.1.2018 .n2pa4;-