LAWS(SC)-2025-9-43

COAL INDIA LTD. Vs. M/S RAHUL INDUSTRIES

Decided On September 12, 2025
COAL INDIA LTD. Appellant
V/S
M/S Rahul Industries Respondents

JUDGEMENT

(1.) Leave granted in Special Leave Petition (C) No. 21888 of 2012.

(2.) Since the issues raised in the captioned appeal and the transferred cases are the same, those were taken up for hearing analogously and are being disposed by this common judgment and order.

(3.) This appeal arises from the Judgment and Order passed by the High Court at Calcutta dtd. 4/4/2012, in A.P.O. No. 10 of 2011 (the "impugned judgment"), by which the division bench of the High Court dismissed the appeal filed by the appellant herein and thereby affirmed the order passed by a learned Single Judge dtd. 25/11/2010 in the Writ Petition No. 44 of 2007, holding that the appellant herein had no authority to frame and notify the Interim Coal Policy dtd. 15/12/2006 and thereby collect an excess of 20% amount over and above the notified price of coal from the linked consumers falling in the non-core sector, in light of this Court's dictum in Ashoka Smokeless Coal India (P) Ltd. v. Union of India, reported in (2007) 2 SCC 640.