2020 (12) TMI 1328 - HC - Customs

Permission to export the legally purchased auction of coal - purchase of auction coal with supporting documents or not - HELD THAT - The petition is disposed of by passing following order i) Petitioner is at liberty to satisfy respondents No. 3-6 with supporting documents that; (a) the coal in question is auction coal. (b) the said coal was purchased by Shri. Pukash N. Sangma in public auction. (c) he has purchased the said coal from Shri. Pukash N.Sangma. (ii) On satisfaction that petitioner has validly purchased the auction coal from Shri. Pukash N. Sangma, respondents No. 3-6 shall permit the petitioner to export the said coal to Nepal. Petition disposed off.

Summary

Issues involved:
- Petition seeking direction to export auction coal from Meghalaya to Nepal.
- Dispute over permission to export coal by respondents.
- Verification of purchase documents for the auction coal.

Detailed Analysis:
1. The petitioner filed a petition seeking direction to export auction coal from South Garo Hills, Meghalaya to Nepal through specific land stations in West Bengal and Bihar. The petitioner claimed to have purchased the coal from the successful bidder of the auction, Shri. Pukash N. Sangma, and obtained necessary documents for the export process.

2. The bidding process was conducted by the State Government, and Shri. Pukash N. Sangma emerged as the successful bidder for 25,104.00 MT of coal. The petitioner alleged that he purchased the auction coal from Shri. Pukash N. Sangma on a specific date and obtained an e-way bill for transportation to Assam.

3. The petitioner faced refusal from respondents No. 3-6 to permit the export of the auction coal to Nepal through designated land stations. In response, the petitioner approached the court seeking redressal for the issue, leading to a legal dispute over the permission to export the coal.

4. During the court proceedings, the learned Senior Counsel for respondents No. 3-7 stated that if the petitioner could prove the valid purchase of auction coal from Shri. Pukash N. Sangma with supporting documents, the necessary permit for export could be issued. The petitioner, through their counsel, accepted the condition and assured to provide the required documentation.

5. Consequently, the court disposed of the petition by ordering the petitioner to satisfy respondents No. 3-6 with supporting documents proving the auction coal's purchase from Shri. Pukash N. Sangma. Upon verification and confirmation of the valid purchase, respondents were directed to permit the petitioner to export the coal to Nepal, thereby resolving the dispute over permission for export.

This detailed analysis highlights the legal proceedings and resolution of the issues involved in the judgment delivered by the High Court of Meghalaya.