IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9473 of 2011 M/S Ranchi Lime Works, a proprietorship concern having its factory at Village + P.O. Banjari, District Rohtas through its Proprietor Shri Muni Rai, sodn of late Satya Narain Rai, House No. 33(kh) Ward No.3, Near B.S.N.L. Tower, Gajrarh (Goulakshini) Sasaram, District Rohtas. … Petitioner Versus 1. Coal India Limited, through its Chairman, having its office at 10, Netaji Subhash Road, Calcutta 2. The Bharat Coking Coal Limited through its Chairman cum Managing Director, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand 3. The General Manager ( S&M), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand .,.. Respondents ----------- For the Petitioner : Mr. Arbind Kumar Jha, Advocate For the Respondents: Mr. V.M.K. Sinha, Advocate ----------- 03/ 20.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging letter of the Bharat Coking Coal Limited dated 09.11.2010, by which Fuel Supply Agreement with the petitioner was terminated with reference to clause 4.4., read with clause 15.1.5 of the said Agreement and also for directing respondent-Coal Company that before taking final decision adverse to the petitioner- Unit in pursuance of notice dated 08.06.2010, the petitioner will be provided an opportunity of hearing and to produce relevant materials in support of its defence and for further directing respondent-Coal Company to follow office memorandum no. 23011/4/2007 CPD Government of India, Ministry of Coal dated 18.10.2007 with reference to New Coal Distribution Policy, by which it was made obligatory upon the Coal Company to exercise verification keeping 2 in view the observations and directions of the Apex Court in case of M/s Ashoka Smokeless Coal India Ltd. & Ors. reported in (2007) 2 SCC 640 and also for restraining respondent-Company from disturbing the status of the Agreement in view of the stay affirmed by the Apex Court to all the 45 industrial consumers, petitioner being one of them, passed in SLP (C) No. 21959 of 2010 reported in (2010) 10 SCC 395. 3. Learned counsel for both the parties agree that the facts and law of this case are the same as in C.W.J.C. No. 4460 of 2011, C.W.J.C. No. 6754 of 2011 and C.W.J.C. No. 7436 of 2011, which were disposed of by a common order dated 12.07.2011 and hence this writ petition is to be disposed of in terms of the aforesaid order. 4. In the said circumstances, this writ petition is allowed and impugned letter of the Bharat Coking Coal Limited dated 09.11.2010 is quashed. However, the respondents Bharat Cooking Coal Limited and its authorities will be at liberty to pass fresh orders in accordance with law as well as in accordance with the decision of the Supreme Court after giving liberty to the petitioner to place its case and documents. The petitioner is directed to submit its reply before the General Manager (S & M) Bharat Coking Coal Limited, Dhanbad (respondent no.3) within fifteen days from today. If the respondents-authorities require the petitioner to supply any additional paper/reply, they shall intimate the petitioner with respect to the same in writing within two weeks 3 thereafter in response to which the petitioner may submit such additional documents/reply within fifteen days thereafter. The respondent concerned, namely respondent no.3, the General Manager (S&M), Bharat Coking Coal Limited, Dhanbad shall pass a reasoned and speaking order in accordance with law especially the law settled by the Supreme Court after considering the reply and materials produced by the petitioner within ten weeks of the completion of pleadings. MPS/ ( S. N. Hussain, J. )