NABA BIHAR UDYOG Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) By this Writ Petition, Petitioners have, Inter alia, prayed for quashing the impugned order dated 22.9.2000 being annexure-C issued by the Chief General Manager, Marketing, Coal India Ltd (hereinafter referred to as the said CIL) rejecting petitioners" representation for change of allotment/linkage of Coal from Bharat Coaking Coal Ltd. (herein after referred to as the said BCCL) to the Collieries of Eastern Coalfields Ltd. (hereinafter referred to as the said ECL) and for a writ of mandamus commanding CIL authorities to change the linkage/allotment of Coal granted in favour of the petitioners from BCCL Collieries to ECL Collieries.

(2.) Petitioner No. 1 Naba Bharat Udyog is a small scale Industrial unit and Petitioner No.2 is a partner thereof. Petitioner No. 1 is a soft coke manufacturing unit /plant . Technology adopted in the said plant is the technology prescribed by the Council of Scientific and Industrial Research. Respondent No. 1 being the said CIL is the apex coal company and the BCCL and ECL are coal supplying companies being the subsidiaries of the said CIL.

(3.) Further case of the petitioners is that ECL collieries are situated in the vicinity of the plant of the petitioners. On the other hand BCCL collieries are situated Quite far away from the said Plant .