SANTOSH KUMAR SINGH Vs. BHARAT COKING COALLTD

JUDGEMENT

(1.) The learned Counsel for the petitioners and the respondents have stated that the controversy involved in these writ petitions is one and the same. They have, therefore, been heard together and are being disposed of by this common judgment.

(2.) The petitioners have filed these writ petitions seeking appropriate writ directing the respondents herein to rescind, recall and/or cancel the service charges imposed and realised in respect of sale and delivery of coal from the colliery pit heads and to declare that the realisation of service charge is illegal and without jurisdiction. Prayer for refund of all service charges recovered from the petitioners in respect of sale and delivery of coal from the colliery pitheads has also been made.

(3.) For sale of coal by the collieries the appropriate authority has fixed the price of coal under the Colliery Control Order. The petitioners purchased the coal from the respondents' colliery. Their grievance is that the service charges have been realised by the coal companies from them over and above the price of the coal fixed by the authority, which is not permissible under law.