BALAJI FUELS PRIVATE LTD Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) SRI A.K. Sinha, Sr. Advocate assisted by Mr. Amit Sinha and Ms Neeta Sinha, Advocates appears on behalf of the petitioner and Sri Anoop Mehta, Advocate, appears on behalf of the respondents M/s C.C.L.

(2.) THE instant writ petition is preferred for a direction in the nature of mandamus to the respondents to release the coal for the month of March, 2011 onwards, in the light of the decision of this Court in W.P.(C) No. 6044 of 2006 dated 1st April, 2006 and also order passed in Contempt Case ((THELAW)) No. 550 of 2009. Prayer is also for issuance of restrained order against the respondent authorities from taking any coercive step against the petitioner.

(3.) THE facts of the case are that the petitioner was granted coal linkage in the year 1991 to an extent of 5000 MT. After the appropriate capacity assessment given by the CMPDIL after making a thorough inspection recommendation was made to coal India Limited fixing quota month wise as 5000 MT. Copy of the said letter dated 13/16.05.1991 is Annexure -2 to the writ petition. Supply of coal to the petitioner was stopped in the year 2005. This action was challenged by preferring W.P.(C) No. 6044 of 2006 for resumption of supply of coal and the same was disposed of vide order dated 1st April, 2009. Copy of the order is Annexure -4 to the writ petition. The direction in the said writ petition in substance was that since the respondents had sought certain factual information against 15 points, but since no information was received coal supply was stopped. This Court directed that the petitioner shall be given a reasonable opportunity to bring on record all relevant documents and after submission of the same if any doubt persists regarding the existence of the petitioner's unit, the respondent may make spot verification by fixing a date with prior notice to the petitioner and even on spot inspection/ verification final decision on each point shall be taken by the respondent by means of speaking order. The entire exercise was further directed to be completed