High Court of Judicature at Allahabad
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M/S Super Tannery India Limited v. State Of U.P. And Another - WRIT - C No. 50939 of 2006  RD-AH 16047 (14 September 2006)
Chief Justice's Court
Civil Misc. Writ Petition No. 50939 of 2006
M/S Super Tannery India Ltd. vs. State of U.P. and others
Counsel for the petitioner : Mr. Abdul Shahid &
Mr. Shamim Ahmed
Counsel for the respondents: Dr. H.N. Tripathi
Hon'ble Ajoy Nath Ray,CJ
Hon'ble Ashok Bhushan,J
This is a writ petition challenging the assessment of water cess. The writ petitioner is carrying on a tannery business in Kanpur. The writ Court cannot enter into the assessment as to how much water should be taken to have been consumed in the tannery in the material period.
As such, the basic point in the writ petition cannot be adjudicated in the writ Court at all. Regarding obtaining rebate, the respondents submit that they are not entitled to it as they consumed water in excess of the ceiling prescribed, and further because they are in breach of the norms which prevent pollution.
These again are matters of fact. The respondents further allege that no co-operation was offered by the writ petitioner at the time of inspection; further that the log book and other documents are not maintained by the writ petitioner.
The controversy is basically factual and a writ petition is not a proper remedy. The writ petition is dismissed.
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