WP(C) 4328/2011 BEFORE THE HON’BLE MR JUSTICE I.A.ANSARI Heard Mr. S.K. Mukhtar, learned counsel, for the petitioner, and Mr. R. Dubey, l earned counsel, for the respondent Nos.1 to 3. Heard also Mr. N. Sharma, learned counsel, for the respondent No.4. The petitioner is a registered dealer under the Meghalaya Value Added Tax Rules, 2005, and Central Sales Tax Act, 1956. On 18.06.2011, the petitioner claims to have sent a consignment of 15,400 Kgs of Khasi Coal Semfer to Mahalaxmi Brick Ce ntre, Nizampur, Modi Nagar, Uttar Pradesh through Assam, in the course of inter- State trade. From 9th Mile, Ri-Bhoi District, Meghalaya, to Srirampur, there is no check post till one reaches Damra Check Post, Srirampur. Because of the fact that there is no check post till Damra Check Post, the petit ioner could not obtain transit pass until the vehicle, carrying the goods of the petitioner, reached Damra Check Post, Srirampur. In respect of the petitioner’s consignments during the transit of goods, in the course of inter-State trade, t hough the petitioner was not was liable to pay any tax, the petitioner’s consign ment was stopped at Damra Check Post and, on the ground that no transit pass fr om the Sales Tax Department, Govt. of Assam, was available with the petitioner’s consignment, the petitioner was forced to pay not only valued added tax, but al so penalty, which is, according to the petitioner, without jurisdiction and whol ly illegal. Aggrieved by the action of the respondents, the petitioner has filed this writ p etition, under Article 226 of the Constitution of India, seeking issuance of app ropriate directions. While considering the present writ petition, it needs to be noted that on a quer y made by this Court, Mr. Dubey, learned counsel, admits that there is no check post between 9th Mile, Ri-Bhoi District, Meghalaya, and Damra Check Post, Srira mpur. Mr. Dubey, however, submits that the petitioner may collect requisite tran sit pass from Jorabat Check Post. With regard to the above submissions of Mr. Dubey, it is pointed out by Mr. Mukh tar, learned counsel for the petitioner, that the petitioner may not be forced t o carry the petitioner’s consignment to Jorabat Check Post for the purpose of co llection of transit pass, but the petitioner is willing to produce necessary doc uments, issued by the Govt. of Meghalaya, for the purpose of collection of trans it pass, at Jorabat Check Post. To the submissions, so made, Mr. Dubey, learned counsel, agrees that the petitioner need not carry petitioner’s consignments to Jorabat Check Post for the purpose of collection of transit pass and that transi t pass would be issued to the petitioner provided that the petitioner furnishes necessary papers/documents issued by the appropriate authority, in the State of Meghalaya, to the authorized persons at Jorabat Check Post. In the above view of the matter, this writ petition is not pressed and is accord ingly disposed of with direction to the respondents to ensure that the petitione r is given transit pass, at Jorabat Check Post, on production of requisite paper s/documents, issued by the Govt. of Meghalaya, in respect of the consignment bro ught to Jorabat Check Post, during the course of the petitioner’s inter-State tr ade from Meghalaya to other States within and outside the State of Assam. With the above observations and directions, this writ petition is disposed of. Furnish copies of this order to the learned counsel for the respondents. No costs.