NEOGY AND SONS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the aforesaid three petitions involve common question of law and facts; Therefore, they are disposed of by a common Order.

(2.) For convenient disposal of all the aforesaid petitions, the facts given in Writ Petition No. 3307/96 (M/s. Neogy and Sons, Jaitwar v. State of M.P.) are taken into consideration.

(3.) The petitioners are holding mining leases for extraction of oculres bauxite, laterite, clay minerals in district - Jabalpur, Satna, Rewa and Shahdol, in the State of Madhya Pradesh. The grievance is that the respondents are insisting the petitioners to obtain transit passes for transportation of Minerals from leased area to various destination. It is submitted that this Court in its judgment dated 4-5-1995 passed in M.P. No. 686/93, has declared that the State Government through its Officers and agents have no authority to direct the lease holders for major minerals to maintain the transit pass-books or issue the same and for absence of transit passes, they have no power or authority to seize the vehicles or minerals.