MAHA LAXMI ENTERPRISES PALAMAU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these writ petitions involving common questions were heard together at length. Parties agreed that these writ petitions can be disposed of on the basis of pleadings of W.P. (C) No. 5385 of 2009.

(2.) These writ petitions have been filed for directing the respondent-Jharkhand State Mineral Development Corporation Limited (JSMDC for short) to resume the coal supply to the petitioners from the month of October, 2009, and for quashing the letters under which, the coal supply agreements have been terminated/ suspended.

(3.) According to the petitioners, pursuant to Notice Inviting Tender (N.I.T.) dated 6.12.2007 issued by JSMDC inviting applications for purchase of coal of Coal India Limited (C.I.L.) collieries from JSMDC, they applied for purchase/allotment of coal. JSMDC asked the Deputy Commissioner, Palamau to hold preliminary inquiry at the District level about the status of the petitioners. Accordingly, three men committee consisting of the District Mining Officer; the General Manager, District Industries Centre, Medninagar; and the Additional Collector, Palamau inspected and recommended allotment of 350 M.T. coal per month. Accordingly, they entered into the agreements; deposited money, and started lifting coal, allotted to them, from April, 2009. In July JSMDC asked the petitioners to submit the utilization report with other documents and informations, which the petitioners complied in August and October, 2009, but while the petitioners were running their industries the allotment of coal was discontinued from October 2009. Then they made several representations. But the coal supply agreements have been terminated/suspended without any show cause notice and without affording opportunity of hearing to the petitioners.