MAHA LAXMI ENTERPRISES PALAMAU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) DT. 21.09.2010 All these Letters Patent Appeals have been preferred challenging a common judgment and order, passed by the learned single Judge dated 19th May, 2010 in various writ petitions. All these Letters Patent Appeals, involving common questions, have been heard together at length for their final disposal and are bein disposed of by this common judgment.

(2.) DISPUTE between the parties: The respondents suspended supply of coal to the appellants-industrial units and terminated the Coal Supply Agreement with effect from November, 2009 and, therefore, writ petitions were preferred by the present appellants for getting supply of coal and for quashing the letters whereby Coal Supply Agreements were terminated.

(3.) ARGUMENTS: On behalf of the appellants, it is submitted that the appellants are working factories and, therefore, the coal supply, which has been terminated by the respondents, is illegal. Even there is a report of the learned Sub Judge-I, Palamau at Daltonganj, dated 15th December, 2009 and in pursuance of this report also, the appellants are working units and hence the supply of coal, which has been discontinued from October, 2009, must be revived and resumed. It is further submitted that another report given by the Vigilance Bureau, Jharkhand, Ranchi, is absolutely a wrong report and no reliance can be placed upon it. This aspect of the matter has not been properly appreciated by the learned single Judge and hence the impugned judgment and order, passed by the learned single Judge dated 19th May, 2010 in the writ petitions, deserves to be quashed and set aside.