The State Government has the authority to regulate the transport of Mahua flowers within the territory of the State, and a 'No Objection Certificate' is required for the transport of Mahua flowers through Madhya Pradesh.

Dipak Misra, J.

1. The factual backdrop, the relief claimed and the questions of law being similar, the three writ applications, for the sake of convenience and clarity, were heard analogously and are disposed of by this common judgment. For better appreciation, the factual matrix in Writ Petition No. 4022/94 is exposited.

2. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioners in the aforesaid writ petition have prayed for issuance of a writ in the nature of certiorari for quashing of 'Panchnama' (Annexure P/9) and the order imposing penalty/composition fees dated 18-11-1994 (Annexure P/10) and for direction for refund of the amount involved in the composition fee to the petitioners; for a declaration that the vehicles carrying necessary documents as specified in the memo dated 5-4-1974 by the Commissioner of Excise, Madhya Pradesh should neither be detained nor subjected to composition fee although the said vehicles are not accompanied by "No Objection Certificate"; and for a further direction in the nature of mandamus to be issued to the Excise Authorities for not obstructing interstate trade in Mahua flowers on the pretext of non-production of "No Objection Certificate" from the District Excise Authority by the exporter of the other State during transit of goods, and for issuance of any other writ, order or direction as deemed fit and proper in the facts and circumstances of the case.

3. The facts which have been uncurtained by the petitioners are that the petitioners Nos. 1 to 4 are registered partnership firms while petitioners Nos. 5 to 8 are proprietary firms. They are registered as traders and commission agents and are holders of licences granted to them under Rule 12 of the Orissa Excise (Mahua flowers) Rules, 1976. They are engaged in export of Mahua flowers to other States in India. The petitioner No. 1 entered into an agreement with one G. S. Bavankar, a resident of Dhanpwada, District Nagpur in the State of Maharashtra for commission sale and transport of Mahua flowers. Copies of the import permits issued by the Superintendent, State Excise, Nagpur, Maharashtra State authorising import of Mahua flowers have been brought on record. The petitioner No. 1 applied for pass for export of Mahua flowers under Rule 10 of the Orissa Excise (Mahua flowers) Rules, 1976, which was duly issued by the Collector, Nawapada, Orissa permitting transport of the specified quantity of Mahua flowers. The petitioner No. 1 deposited sales tax, Krishi Upaj Mandi fees and marketing fees in respect of the specified quantity of Mahua flowers intended to be exported to the buyers in the District of Nagpur. He also applied to the competent authority of the Forest Department of Orissa for transport permit for export of forest produce in respect of above transaction. The necessary permits were issued in his favour by the Forest Department. It is alleged that the said goods were entrusted to M/s Shri Ram Road Carrier, a transporter. On 17-11-1994 Mahua flowers were loaded in truck No. MP-26-B/5286 and MP-23-B/7392 at Kharier Road, Orissa and relevant documents were handed over to the drivers of the respective trucks. The aforesaid trucks carrying Mahua flowers entered into the State of M. P. on 17-11-1994 and at the check post Tembhari, Baghahara Range, District Raipur, the trucks were inspected and endorsement was made on the reverse of the transport permits. During the transit, the trucks were checked on various check posts and officers at the check posts inspected the trucks and contents therein and endorsed that they had been checked. At Patekohra check post in the District of Rajnandgaon the Excise Sub-Inspector checked the vehicles and found that though the trucks were carrying all the necessary documents, they did not have 'No Objection Certificate' granted by the competent authority of Madhya Pradesh. Being of this view he detained the trucks and seized the docume