IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13991 of 2006 The Bihar State Co-Operative Marketing Union Ltd. (Biscomaun), office situated at Gandhi Maidan, P.S. Gandhi Maidan, District Patna through Executive Director, Bisco-coal, Biscomaun, Sri Madhav Paswan son of Late Laxman Paswan, resident of Chitkohra (Ambedkar Chowk), P.O. Anishabad, P.S. Gardanibagh, District Patna……..Petitioner. Versus 1. The State of Bihar through Secretary cum Industrial Development Commissioner, Department of Industries, Government of Bihar, Patna. 2. The Director, Industries, Government of Bihar, New Secretariat, Bailey Road, Patna. 3. Coal India Ltd., 10, Netaji Subhas Road, Kolkata through its Chairman. 4. General Manager (Sales and Marketing) Central Coalfields Limited, Darbhanga House, Ranchi. 5. Deputy Sales Manager (RS), Sales and Marketing Division, Central Coalfields Ltd. Darbhanga House, Ranchi. 6. Burnt Kiln Bricks Welfare Samittee (Regd) through its Secretary Suresh Tiwary S/o Late Nayan Tiwary, R/o Village Barieshwar, P.O. Hathwa, District Gopalganj, Bihar……..Respondents. For the petitioner : Mr. Y.V. Giri, Sr. Advocate with Mr. Gyan Prakash Ojha, Advocate. For the CCL : Mr. Rajnandan Prasad, Advocate. For the State : Mr.G.P.-23 ---------------------------------- P R E S E N T HON’BLE MR. JUSTICE S.N. HUSSAIN O R D E R 05/ 24.11.2011 This writ petition has been filed by the petitioner for the following reliefs:- (i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the wireless message/Fax dated 23.09.2006 through which the Deputy Sales Manager (RS), CCL, Ranchi has suspended the supplies of coal to the petitioner (as contained in Annexure-22). (ii) To issue an appropriate writ/order/direction in the nature of Mandamus commanding the respondents to immediately resume the supply of coal to the Biscomaun as per its linkage immediately. - 2 - (iii) To any other relief or reliefs for which the petitioner is entitled for. 2. Learned counsel for the Coal India Limited and its authorities (respondent nos.3 to 5) claimed that this writ petition has become infructuous as it concerned old policy which ended in December, 2007 and fresh policy of 2007 had been formulated which has become effective. 3. Learned counsel for the State of Bihar and its authorities (respondent nos.1 and 2) fully adopted the aforesaid arguments raised by learned counsel for Coal India Limited and its authorities (respondent nos.3 to 5) and reiterated that this writ petition has become infructuous. 4. In the facts and circumstances of the case, learned counsel for the petitioner was unable to contradict the objections raised by learned counsel for the respondents. However, he averred that this writ petition was considered earlier by a Bench of this court on 27.11.2006 on which date interim order was passed by which the impugned order of the authorities suspending coal supply to M/s BISCOMAUN with immediate effect communicated through fax message dated 23.09.2006 (Annexure-22) was stayed and directed coal supply to the petitioner to resume forthwith. Learned counsel for the petitioner also stated that in view of the aforesaid order coal supply was resumed and a fresh agreement was entered into between the parties after 2007 as per new policy. 5. In the said circumstances this writ petition, which was against the order of suspension of supply of coal to the petitioner as per the earlier policy and was also for a direction to the authorities to resume the supply, has become infructuous as in view of the interim order supply had been resumed and the earlier policy had come to an end in the year 2006 itself, whereafter agreement had again been entered into between the parties as per the new - 3 - policy of 2007. 6. Accordingly, this writ petition is disposed of as having become infructuous. Harish (S.N. Hussain, J.)