DAYAL IRON EQUIPMENTS WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) The two Petitioners claim to be small scale coal based industries. They were receiving their monthly supply of coal from South Eastern Coal Fields (S.E.C.L.) Limited under the Linkage scheme. It appears that pursuant to a spot verification it was found that the two units along with a number of others, were either non-existent or non-operational and consequently their supply of coal was stopped. On the stoppage of the supply of coal, M/s. Bablu Mishri Udyog wrote a Letter, dated 3.5.2002 protesting against the stoppage and asking for the reason for the stoppage of supply of coal to them. M/s. Dayal Tron Equipments Works also wrote a similar letter on the same day (3.5.2002) (copies at Annexure 5 in the respective writ petitions). Both the Petitioners received identical Letters intimating that during status verification the two units were found to be non-existent/non-operational.

(2.) In the counter affidavit filed on behalf of the Coal Company, it is stated that in the meeting held on 2.4.2002 a decision was taken to have an inspection made of all non-core sector consumers with a view to weed out the non-operational/non-existent units which were misutilising the supply of coal made to, them. In pursuance of the decision an inspection team was constituted that visited a number of units and made a status report. In the status report, dated 29.4.2002 the two units before this Court, namely, M/s. Dayal Iron Equipments Works and M/s. Bablu Mishri Udyog were found to be nonexistent/non-operational. In the remarks column of the report, it is stated in respect of the two units as follows:

(3.) The address of M/s. Bablu Mishri Udyog is given as Nagadih and that of M/s. Dayal Iron Equipments Works as Balsara.