MAA JALPA ENTERPRISES Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission.

(2.) In this intra-Court appeal preferred under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 challenge has been made to order dated 19-4-2010 passed by the learned Single Judge in W.P. No. 13205/09. By the aforesaid order the learned Single Judge has upheld the validity of the order dated 7-11 -2009 passed by the Mining Officer, Panna whereunder penalty of Rs. 25,000/- was imposed on the Appellants under Rule 18 of the M.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 (hereinafter referred to as 'Rules') on the ground that the Appellants were found transporting coal without obtaining a valid transit pass as required by the Rules.

(3.) Learned Counsel for the Appellants vehemently contended that the Appellants are only traders and have valid licence for purchase and sale of coal. Therefore, he did not obtain any transit pass. It has further been submitted that no transit pass is prescribed under the provisions of the Rules which can be issued to a purchaser for transporting coal from one place to another place. Therefore, the order dated 7-11-2009 passed by the Mining Officer, Panna is arbitrary and illegal.