Champer M. Sangma v. Donald Philips Wahlang, Ias and 3 Ors

JUDGMENT AND ORDER (ORAL)

¶1Heard Mr. S. Dey, learned counsel for the petitioner. Also heard Mr. A. Kumar, learned AG assisted by Ms. R. Colney, learned GA for the respondents.

¶2The complaint of the petitioner by way of this contempt application is that in spite of the orders of this Court dated 22.03.2023 and 11.04.2023, the respondent No. 14 therein, namely M/s Jaimaa Coal Pvt. Ltd. has been allowed to participate in the bidding process, for the coal auction.

¶3Mr. S. Dey, the learned counsel for the petitioner submits that the very fact that the said entity has been successful in the auction bid, is in violation of the Court's orders as the transport challans would have been issued in due course allowing transport, whereas, he submits there are strict directions of this Court that any transportation is to be with the leave of this Court.

¶4Mr. A. Kumar, learned AG assisted by Ms. R. Colney, learned GA or the respondents in reply has submitted that none of the orders of this Court have been violated, and that no contempt has been made out. He refers to Paragraphs 3 & 4 of the counter affidavit, wherein he submits it has been categorically stated that the answering respondents are not in possession of the information about the participating bidders in detail, and it is only after the bidding process is completed that the same has been communicated to the respondent No. 3. It has been further submitted that no mineral transport challans have been issued to the said entity or any sister concerns, by the answering respondents after the conduct of the e-Auction dated 03.11.2023.

¶5In consideration of the submission made by the learned AG and on examination of the materials on record, especially the records of the e-Auction, at this stage, it appears no contempt has been made out, nor has the said entity approached this Court seeking leave for transportation of the said auctioned coal.

¶6In this view of the matter, this contempt stands closed.

JUDGE Meghalaya

01.04.2024 "V. Lyndem-PS"

Serial No. 07 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Cont.Cas(C) No. 36 of 2023 in PIL No. 8 of 2022 Date of Decision: 01.04.2024 Shri Champer M. Sangma, S/o (L) Ponindro A. Sangma, R/o Gasuapara, Baghmara, South Garo Hills District, Meghalaya ….. Petitioner(s) - Versus – 1. Shri Donald Philips Wahlang, IAS, Chief Secretary to the Govt. of Meghalaya, Shillong 2. Shri (Dr.) Lajia Ram Bishnoi, IPS Director General of Police, Meghalaya, Shillong 3. Shri E. Kharmalki, IAS Commissioner & Secretary to the Govt. of Meghalaya, Mining & Geology Department 4. Shri P.D. Sangma, MCS Director, Directorate of Mineral Resources, Meghalaya, Shillong. … Contemnor(s)/Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr. S. Dey, Adv. with Mr. S. Deb, Adv. For the Respondent(s) : Mr. A. Kumar, AG with Ms. R. Colney, GA ________________________________________________________ i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: