RAM DAS AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall also dispose of M.P. No. 3727/93 Satya Narayan Mishrilal v. State of Madhya Pradesh, M.P. 3807/93, Laxmi Narayan Mining Company v. State of M.P., M.P. No. 4246/93, Nirmal Chand Jain v. State of Madhya Pradesh and M.P. No. 5113/93 M.P. Lime Manufacturers Association v. State of Madhya Pradesh and others. By these petitions the petitioners in various petition above prayed for issuance of the writ that Rule 25(viii-b) of M.P. Minor Minerals Rule, 1961 be declared ultra vires, to quash the action of the agents of the respondents by which they are issuing pitpasses and also to declare that the respondents had no power or authority to insist for a transit pass issued by their officers for transportation of major minerals and / or to restrain them for seizing the vehicles in absence of the transit passes and have also prayed fot a writ of prohibition against the respondents for restraining them from prohibiting the petitioners from transporting the major minerals without transit passes from pit-head.

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(3.) The petitioners in all petitions have submitted that they are holding mining leases for extraction / excavation in various parts of Madhya Pradesh in relation to the major minerals. It is submitted by them that the State Govt. granted mining leases to the petitioners and the petitioners have entered into mining lease agreement with the respondent State in form 'K' of Mineral Concession Rules, 1960. The grievance of the petitioners states that without there being a provision of law or a condition in the lease deed the State through its officers especially the mining officers is compelling them to issue transit passes under Rule 25(viii-b) of M.P. Minor Mineral Rules, 1961. It is also the grievance of the petitioners that if the transit passes are not issued by the mine holders then the State through its officers are seizing the vehicles and goods which is causing regular interference in their day-to-day work. It is submitted by the petitioners that the State Govt. has no powers to ask for maintenance of the transit pass book or issuance of such transit passes because the M.P. Minor Mineral Rules, 1961 governed the mining and regulation of the minor minerals while in fact the leases in favour of the petitioners are in relation to the major minerals. They have also submitted that they are being compelled to issue the transit passes under Rule 25(viii-b) of 1961 Rules while in fact there is no such rule in existence. On the above premises they have prayed for issuance of the writs as stated above.