MISRA AGENCIES Vs. STATE

JUDGEMENT

(1.) The petitioners, who are dealers in coal, have in this batch of writ applications assailed the programme of the State Government sponsoring movement of coal under priority BRK/SSI for the quarter September to December, 1987 as infringing Art.14 of the Constitution of India.

(2.) "Every action of the executive Government must be informed with reason and should be free from arbitrariness. That is the very essence of the rule of law and its bare minimal requirement."

(3.) Soft coke is an essential commodity governed by the provisions of the Essential Commodities Act and the Orissa Coal (Soft Coke) (Control and Distribution) Order, 1980 and is supplied through the public distribution system, but not coal used in brickkilns ('BRK for short) and by small scale industries ('SSI' for short). This variety of coal is obtained from the coal fields by road and by rail. The railways allot rakes and piecemeal wagons Statewise, their number fluctuating from time to time depending on various circumstances and intimate the State Government in advance the number of rakes and piecemeal wagons available to a State to enable it to draw up programme sponsoring movement of coal. The State Government allots rakes and wagons to dealers for the purpose of transport of coal from the coal fields to various railway heads as specified in the programme. For years this system is in operation.