AJ STEELS HYD Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is filed seeking directions to the respondents not to insist, for weighment of each truck of J.T. ash in pursuance of sale order dated 84-1996 and to permit the petitioner to lift the entire J.T. ash without insisting on either weighment of each truck or for payment of any storage charges

(2.) The writ petition has a long chequered history. The Andhra Pradesh State Electricity Board is having generating Units at Ramagundam for which purpose coal is the essential raw material. After the coal is fired for the purpose of generation of electricity, it gets converted into coal ash. As the coal ash at the Ramagundam Thermal Power Station accumulated to a large extent, the authorities decided to dispose of the ash. Therefore, the 2nd Respondent issued a tender notice for sale of J.T. ash. The quantity was mentioned approximately as 20,000 M.Ts. available inside 'A' Power Station and about 500 M.Ts. outside the premises of 'A' Power Station of Ramagundam. Tenders were invited on Metric Tonne basis but ultimately tenders were sought to be negotiated for sale of J.T. ash on lumpsum basis though it was notified on Metric Tonne basis. When the Board authorities have decided to sell the entire quantity available 'on Lumpsum' basis for Rs.17 lakhs, a third party by name Md Ayazulla filed Writ Petition No.11789 of 1995. In the said writ petition, counter affidavit was filed by the Board accepting that it had decided to sell the J.T. ash on lumpsum basis having regard to the tenders already received. However, the initial notification for sale of J.T. ash was on Metric Tonne basis and when they sought to sell on lumpsum basis, the learned single Judge allowed the writ petition directing the authorities to notify afresh for sale on 'lumpsum basis'. The matter was carried in Writ Appeal No.936 of 1995. Pursuant to the interim order in writ appeal, re-auction was held on 25-10-1995 where the offer went upto Rs.28,13,000/-. Further, a Contempt Application was filed complaining violation of interim orders passed in the writ appeal and ultimately on 4-11-1995, the Division Bench of this Court passed an order in the said Contempt Application directing the first respondent to hold auction afresh, under the supervision of the Secretary to Government, Department of Energy. Therefore, the auction was again held on 14-12-1995 with reserve price of Rs.22 lakhs on lumpsum basis for lifting of J.T. ash lying over an area of 57 acres. The petitioner participated in the said auction and it was the highest bidder having offered Rs.34.33 lakhs. As per the original auction conditions, 50% of the quantity of ash has to be lifted within three months from the date of payment of half of the amount, and the rest of the material has to be lifted within a period of three months from the date of payment of the balance amount. On acceptance of the bid, the petitioner was asked to deposit half of the amount which it did on 17-1-1996. Proceedings dated 24-1-1996 were issued by the 3rd Respondent to start lifting of the material pending issue of the sale order. When the petitioner started lifting the ash, the authorities insisted that each lorry should be weighed, which was resisted by the petitioner on the ground that since the sale is on lumpsum basis, the question of weighing did not arise. The procedure was also objected on the ground that it involves loss of considerable time and the petitioner would not be able to stick to the time schedule fixed in the contract. The sale order was issued on 8-4-1996 imposing restriction of removal of only 10,000 M.Ts. upto 16-4-1996 and the petitioner was directed to lift the remaining part within two months from the date of payment of balance amount. Even though, a Demand Draft for balance amount was presented, the same was not accepted on the ground that they are waiting instructions from the higher authorities and it was accepted only on 10-6-1996. Orders were issued on 2-7-1996 permitting the petitioner to lift the balance J.T. ash. A telegram was issued on 8-7-1996 to the effect that the petitioner should pay the storage charges to which a representation was submitted on 9-7-1996. No action was taken on the said representation, but the authorities started obstructing the lifting of J.T. ash. At this point of time, the present writ petition has been filed. It is submitted by the petitioner that the respondents have no authority or jurisdiction to insist for payment of storage charges before the expiry of the stipulated time. It is also the case of the petitioner that the sale order is on lumpsum basis and the question of weighment of lorries did not arise. If the weighment was to be done, the time fixed for lifting the coal ash would not be sufficient. Even though the petitioner has paid the full amount, it is not being allowed to lift the ash available in an area of 57 acres and no access was allowed to it. Therefore, the petitioner approached this Court seeking appropriate directions.

(3.) At the time of admission of the writ petition, interim order was granted to the effect that the petitioner should be permitted to lift the coal ash without insisting for weighment.