BIHAR COAL TRADER Vs. STATE

JUDGEMENT

(1.) The present writ petition is being moved on notice to the concerned respondents. Heard the learned Advocates for the writ petitioner, for the Union of India and the Coal Controller, for the State of Bihar and considered the materials on record.

(2.) The writ petitioner has come to this Court seeking relief, inter alia, for a Writ of Mandamus commanding the respondents to allow the petitioner to purchase, sell and/or deal in non-coking coal particularly middlings/rejects having ash content more than 35% without any licence as envisaged under the Bihar Trade Articles (Licence Unification) Order, 1984 so far as the same imposes restrictions upon consumption of non-coking coal and the said Order of 1984 is void, bad, and illegal in view of the notification dated 30th November, 1974 passed earlier. There is a further prayer to command the respondents not to apply the provisions of the said Order, 1984 and section 7 of the Essential Commodities Act, 1985 in respect of purchase, selling and/or dealing in non-coking coal, particularly middlings/ rejects having ash content more than 35% without obtaining formal permission from the respondents.

(3.) Court's attention has been drawn to several writ petitions and interim orders passed in such writ petitions. Mr. Banerjee, learned Advocate for the writ petitioner has strongly emphasized that there is a distinctive feature and difference as to the slurry, middlings and rejects as referred to in the petition herein. Learned Advocate for the Union of India and the State of Bihar have drawn the Court's attention to a Division Bench Judgement in the High Court of Judicature at Patna, Ranchi Bench, in the case of Nisha Coal Traders v. State of Bihar and Ors., wherein it was found, inter alia, that the petitioner was a dealer in coal, rejects, slurry and middlings etc., and that the petitioner had no case in regard to coal, its rejects and middlings etc. as those were obviously coal or derivatives thereof. It was further found that while the Full Bench of Patna High Court held that slurry is not coal in a case where slurry has escaped out of the washery the slurry in the case before the Division Bench being within the pond of the industries from which the petitioner therein buys, the character of such slurry was entirely different from the slurry referred to in the Full Bench decision. As such, the writ petition before the Division Bench was rejected.