?l s ^^^.^ ^^ ________-....-—.-^.-...- L\^ IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT c BILASPUR Petitioner: v\ Respondents: 1. jS7'2-_ WP N0. OF 2002 M/s. JK Industries, Kota-Bilaspur Road, Bhami Parsad, District Bilaspur, Through its Proprietor, Rajesh Lamba, Aged about 33 years, S/o Shri R.K. Lamba, R/o Link Road, Bilaspur, District Bilaspur, Chhattisgarh State. <>• Vereus .^>^ ^•y.^ <<^^"'•s^y Coal India Limited, ^ Through its Chairman, 10, Netaji Subhash Road, Kolkata, West Bengal. The Chairman-cum-Managing Director, South Eastern Coalfields Limited, 10,Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh State. The General Manager (Sales), South Eastern Coalfields Limited, 10, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh State. The District Trade and Industries Centre, Through its General Manager, Collectorate Building, Bilaspur, District Bilaspur, Chhattisgarh State. ^m^.^____J ^ y ^ WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH, BILASPUR W.P.No. 1572 pf 2002 M/s< J.K. Industries Vs. Coal India Limited & others Order Post for 18.08.2003 Sd/- Fakhruddin Judge !1!i'! ^o^ HIGH COURT OF CHHATTISGARH, BILASPUR W.P.No. 1572 of 2QQ2 M/s. J<K< Industries Vs. Coal India Limited 6& others Sliri Rohit Arya, Sr. counsel with Shri Sandeep Dubey, counsel for the petitioner. Shri Dhirendra Mishra with Shri Vunlesh Bajpai^ counsel for the respondents No. 1 to 3. Miss SoflaKhan, Dy. Govt, Advocatefor the State/respondent No. 4. Present: Hon'ble Shri Justice Fakhruddin ORDBR (18.08.2003) Heard finally with the consent of the counsel for the parties, (01) By ttiis petltion ffled under Article 226/227 of the Constitution ot' India, the grievance of the petitioner in this writ petition is for supply of m.0re quantity of coal as per their entitlenient. It is subraitted that less quantity is being suppUed. Case of the respondents is that supply is being made as per eiilillemeiil. (02) The counsel for the petitioner submits that their Jndiistnes are based on the Coal Tndiistries; t.his Tndiistry is ^^ registered as SinaU Scale Industiy by respondent No, 4, It is further submitted that the Industr}^ was established in the year 1995 and supply of coal is being made since 1995. As per linkage letter 18.5.1999 for supply of coal, maxiaium permissible quantity is 1167 Metric Ton per month to M/s J.K. Industries by the S.E.C.L. (Annexure P/9). The petitioner has also filed Letter of Identification for Coal issued by the respondent No. 4 on 03.2.2001 (Annexure P/2) and on 9th January, 2002 (Annexure P/3) in respect of M/s J.K. Industries wherein the demiand/requirem.ents were shown to be less than 1150 Dietric ton per inonth. (03) Counsel for the petitioner subniitted that prayer niade in this petltion is for a direction to respondents No. 1 to 3 to make up the short supply of coal made during the year 2001- 2002 as per restored MPQ and that they shonld continne to supply on the saine basis. (04) Retum/reply has been flled on behalf of respondents No, 1 to 3 in which it has been stated that the petitioner has not Ufted the coal for preceding 3 years as per their linkage. (05) In the reply, it has been furtlier stated that it was considered by the Board of Directors of Coal India Ltd., in its 196 ineeting after det^iled deliberation approved the decision taken in the CMDs nieeting held on 2.6.2001, thereby aullioilzuig subsidiaiy compaiiies lo sale eiitu-e quaiitity of coal and coal products as wlll be avallable with them after "'N €:) ' - 3 - meetuig theu* qualitativc and quantitative requircmcnt ofcoal to core sector consumers by introducing a suitable system keeping in view the demand and availability of particular grade of coal, the inarket forces actually m operation, etc. with the objectives of inaxiinizing retiun to the coal compaiiies. It was also approved that the residual quantity, if any, would be sold to the kitendkig buyers separately. The new pollcy for sale of coal to non-core sector consumer is being under the fomiulation stage. (06) In W.P.No. 1571/2002 on 31.1.2003, when the matter was taken up, a stateinent has been niade to the effect that fhe policy is uiider considcration, which has been recorded in the order sheet. It is also submitted that coal is now avallable m ttie open market and as such the petitioner can obtain coal froni the open market. Tt was also directed to t.he respondent to file aii affidavit indicating therein the basis on which linkage facility is being contuiued aiid the basis on which coal is being supplied to custoiiiers. (07) Affidavlt has been med. Then by order dated 25-7- 2003, time was granted to the counsel to ille new sale policy, wliich has been filed and the sarne is taken on record. (08) Learned counsel for the petitioner subinitted that they niade a representation on 14-2-2001 (Annexure-P/10) in thc prescribed brocliure, wliicli is slill peiidiiig. -Z(C.f 4 (09) It is furthcr ^ubmiittcd by counsel for rcspondcnts No, 1 to 3 that so far as the matter regarding llnkage is concemed, it was challenged in the High Court of Madhya Pradesh in W.P. No. 2531/2003 (M/s. Durga Chemicals Vs. Coal India Limited Ss Others). The said petition was decided on 13-5- 2003 and copy of thc ordcr passcd by thc M.P. High Court is filcd on rccord. It 15 subfliitted that it could not be decided because of poUcy under preparation and it was publlcized. (10) Heard. (11) As there is dispute in the petition with respect to quantity of coal to be suppUed to the petitioner, let a decision be taken by the respondents ui accordaiice with prevailnig policy, in case linkage agreement exists. Let it be considered in an objective manner by the respondents and entitlement be decided by a reasoned and speaking order diily taking into consideration the representation already subinitted or a detailed representation which inay be subinitted within two wceks froni today and the represcntations so inadc shall bc decided as early as possible preferably wlthm tsvo months from today and if required the petitioner may be heard. With this observation this petition is disposed of at this stage, Certified copy as per rules, Sd/- Fakhruddin Judge vatti./Rao