RDENTERPRISESPRIVATELIMITED Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The prayer of the petitioner in this application is for a direction upon the respondents to supply coal (Grade E and F), as also for quashing a notice dated 21-5-1993 (annexure-8) issued by the respondent No. 4 in terms whereof the briquetting units, inter alia, have been directed to deposit coal value for Giddi middlings, despite the fact that although the petitioners industries are coal-based ones.

(2.) Petitioner No. 1 allegedly manufactures smokeless coal briquettes and petitioner No. 2 manufactures only coal briquettes. Applications were filed by the petitioners for allotment of coal under the Linkage Scheme from different collieries. The petitioners have contended that coal has been de-controlled by the State of Bihar However, according to the petitioners, coal was to be supplied on linkage quantity basis for which representations were made by the petitioners before the respondent No. 2. According to the petitioners, respondent No 4 by a letter dated 24-3-1993 made a suggestion that Grade E/F coal is available with the respondents, but despite the same, coal is not being supplied to them. However, the petitioners have been offered middlings.

(3.) In this case, a counter-affidavit has been filed on behalf of the respondents wherein, inter alia, it has been contended that middling, which has been offered to be supplied to the petitioners are also Grade 'F' coal. It has been stated that the Additional Secretary, Ministry of Coal by a telegraphic message dated 22-7-1992 advised that all briquetting units should be given grade E/F coal. Hence, briquetting units are allotted middlings from Giddi washery which is equivalent to Grade 'F' coal. The respondents, however, have denied that there has been any stoppage of the supply of coal, but it is stated that only the source of supply has been changed. It has been further contended that a policy decision was arrived at for the supply of middling (Grade F) from Giddi washery to all briquetting units. A reply /rejoinder to the said counter-affidavit has also been filed on behalf of the petitioners.