NONGAL DOBU COAL TRUCK OWNERS ASSOCIATION Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this writ petition, the petitioner is assailing the order of the respondent No.5 Additional District Magistrate (Judicial), East Garo Hills District dated 23.05.2014 for allowing the respondent No.6 to lift and transport the coal from the transport check gate, Rongmil without delay and also that the Taxation and Mining & Geology Department shall allow transportation of the said coal free of tax and royalty.

(2.) At the very outset, it is not clear that under what authority the respondent No.5 Additional District Magistrate (Judicial), East Garo Hills, Williamnagar exempted the tax and royalty in transporting and lifting the coal from the transport check gate, Rongmil by the respondent No.6. The respondent No.5 Additional District Magistrate (Judicial), East Garo Hills, Williamnagar is not the competent authority under the relevant Acts & Rules to exempt the tax and royalty on transportation of coal by the respondent No.6.

(3.) Heard Mr. KC Gautam, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mrs. NG Shylla, learned GA appearing for the respondents No.1-5. Office note dated 06.06.2014 indicates that steps had been taken for service of notice of the present writ petition to the respondent No.6 by registered post with AD. Neither the AD nor the registered notice returned un-served even after the expiry of one month from the date of issuing the notice to the respondent No.6 by registered post with AD and accordingly, service of notice of the present writ petition to the respondent No.6 shall deem to have been effected properly. None appears for the respondent No.6 without showing any cause.