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M/S SUPER TANNERY INDIA LIMITED versus STATE OF U.P. AND ANOTHER

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 [2006] RD-AH 16047 (14 September 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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

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Counsel for the petitioner : Mr. Abdul Shahid &

Mr. Shamim Ahmed

Counsel for the respondents: Dr. H.N. Tripathi

Standing Counsel

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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.

Dated:14.9.2006

RK/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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