IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.503 of 2008 1. M/s Sushila Chemicals Pvt. Ltd., a company incorporated under the Indian Companies Act, 1956, having its Factory at Industrial Area, Hajipur, Vaishal through its one of the Director Rabindra Singh, son of Late D.Singh, Resident of J.F.15, Rajendra Nagar, Patna-16. 2. M/s Mithila Coal Industries (P) Ltd., a company Incorporated under the Indian Companies Act, 1956, having its factory at Bela Industrial Area, Muzaffarpur through its one of the Director, Rabindra Singh, son of Late D. Singh, Resident of J.F. 15, Rajendra Nagar, Patna-16. 3. M/s Shiv Food Products, a proprietorship firm having its Office at & P.O. Sakra, Samastipur its proprietor Poonam Singh, wife of Chitranjan Kumar Singh, resident of Village-Dumari, Samastipur. 4. M/s Anand Chemicals, a proprietorship firm having its office At & P.O. Dumari, Samastipur through its proprietor Anand Kishore Singh. 5. M/S Nath Gul Udyog, a proprietorship firm having its office At Pachdahi P.O. Nakti, Madhubani, through its proprietor Amar Nath Thakur, son of Shri Dayanand Thakur, resident Of Pachdahi, P.O. Nakti, Madhubani. 6. M/S Uma Food Products, a proprietorship firm having its office at Bhairum-Khada, P.O. Pusa, Samstipur, through its Proprietor Amresh Prasad Singh, son of Late Bhibishan Singh, Resident of at & P.O. Kapuri Gram, Samastipur (Bihar). 7. M/s Shakti Raniganj Tiles Nirman, a proprietorship firm having its office at & P.O. Tajpur, Samastipur, through its proprietor Amresh Prasad Singh, son of Late Bhibishan Singh, resident of at & P.O. Kapuri Gram, Samastipur (Bihar). 8. M/S Diamond Food Processing Centre, a proprietorship firm having its office at Jhitakahi, P.O. Sakra, Muzaffarpur through its proprietor Amresh Prasad Singh, son of Late Bhibishan Singh, Resident of at & P.O. Kapuri Gram, Samastipur (Bihar). 9. M/s Kamal Bekary Udyog, a proprietorship firm having its office At Jhitkahi, P.O. Sakra, Muzaffarpur, through its proprietor Devendra Prasad Singh, son of Sri Satrudhan Prasad, resident Of Village-Jhitkahi, P.O. Sakra, Muzaffarpur. 10. M/S Shiv Bakary Udyog, a proprietorship firm having its office At & P.O. Tajpur, Samatipur through its proprietor Om Prakash Singh, son of Sri Om Prakash Singh, resident at & P.O. Tajpur, Samatipur. 11. M/S Anand Dying Udyog, a proprietorship firm having its office At & P.O. Sakra, Muzaffarpur, through its proprietor Chitranjan Kumar Singh, son of Sri Anand Kishore Singh, resident at & P.O. Dumri, Samatipur, Bihar. 12. M/S Uma Krishi Yantra Nirman Kendra, a proprietorship firm having its office at & P.O. Sakra, Muzaffarpur through its proprietor Chitranjan Kumar Singh, son of Sri Anand Kishore Singh, resident at & P.O Dumri, Samatipur, Bihar. 2 . 13. M/s Mahesh Bakery Udyog, a proprietorship firm having its Office at & P.O. Sakra, Muzaffarpur, through its proprietor Chitranjan Kumar Singh, son of Shri Anand Kishore Singh, Resident at & P.O. Dumri, Samatipur, Bihar. 14. M/S Ganesh Krishi Yantra Nirman Kendra, a proprietorship Firm having its office at & P.O. Prem Nagar, Sitamarhi Through its proprietor Chitranjan Kumar Singh, son of Sri Anand Kishore Singh, resident at & P.O. Dumri, Samatipur, Bihar. 15. M/s Mahadev Krishi Yantra Nirmal Kendra, a proprietorship Firm having its office at & P.O. Adharpur, Samastipur through its proprietor Munna Singh, resident at & P.O. Adharpur, Samatipur, Bihar. 16. M/s K.K. Coal Briquette, a proprietorship firm having its its office at & P.O. Koilwar, Bhojpur, through its proprietor Inyat Karim, son of Sri Ata Karim, resident of at & P.O. Koilwar (Pathan-toli), District-Bhojpur, Bihar. 17. M/s Sundry Coal Briquette, a proprietorship firm having its Office at & P.O. Koilwar, Bhojpur, through its proprietor Inyat Karim, son of Sri Ata Karim, resident of at & P.O. Koilwar (Pathan-toli) District-Bhojpur, Bihar. 18. M/s Ankur Fuel Industries, a proprietorship firm having its Office at Gidha, Arrah, Bhojpur through its proprietor Smt. Maya Prasad, wife of Ramashankar Prasad, resident Of Village-Paschim Tola, Arrah, Bihar. 19. M/s Pratap Coal Briquette, a proprietorship firm having its Office at Gidha, Arrah, Bhojpur, through its proprietor Ram Pratap Singh, son of Sri S.P. Singh, resident of at & P.O. Gidha, Distt-Bhojpur, Bihar. 20. M/s Sharma Coal Briquette Industries, a proprietorship firm having its office at Arya Kumar Road, Patna, through its proprietor Subodh Kumar, son of Late H. Jha, resident of Arya Kumar Road, Rajendra Nagar, Patna, Bihar. 21. M/s Tirhut Coal Briquette Industries, a proprietorship firm having its office at Arya Kumar Road, Patna, through its Proprietor Nandeshwar Jha, son of Late H. Jha, resident of Arya Kumar Road, Rajendra Nagar, Patna, Bihar. 22. M/S Puspa Fuel, a proprietorship firm having its office at 134, S. K. Puri Road, Patna, through its proprietor Chitranjan Kumar Singh, son of Sri Anand Kishore Singh, resident of At & P.O. Dumri, Samastipur, Bihar. 23. M/S Urmila Coal Powder Industries, a proprietorship firm having its office at & P.O. Dumari, Samastipur, through its Proprietor Chitranjan Kumar Singh, son of Sri Anand Kishore Singh, resident of at & P.O. Dumri, Samastipur, Bihar. 24. M/S Bhojpur Coal Briquette Industries, a proprietorship firm having its office at Jawahar Tola, Nawada, Bhojpur through its proprietor Awadhesh Singh, son of Sri Braj Nandan Singh, resident of Jawahar Tola, Nawadah-Arrah(Bhojpur), Bihar. 25. M/s Bhagwan Gul Udyog, a proprietorship firm having its 3 office at Buxar Road, Muradabad, Rohtas through its proprietor Munni Rai, son of Late Satya Narain Rai, resident of at & P.O. Panapur, P.S. Kar-gahar, District-Rohtas,Bihar. 26. M/s Baby Coal Briquette Udyog, a proprietorship firm having its office at Mirganj, Arrah, Bhojpur through its proprietor Sanjay Kumar Singh, son of Sri Gopalji Singh, resident of Mirganj, Arrah (Bhojpur), Bihar. 27. M/S Avinash Coal Briquette, a proprietorship firm having its office at Sarthua Udwant Nagar, Bhojpur through its Proprietor Durga Prasad Singh, son of Sri Nagendra Singh, Resident of at & P.O. Sarthua, Block-Udvant Nagar, Disttt.- Buxar, Bihar. 28. M/s Bhushan Gul Udyog, a proprietorship firm having its office at Sripalpur, Koilwar, Bhojpur, through its proprietor Maniranjan Kumar Singh, son of Sri Nagendra Singh, resident of at & P.O. Sripalpur, Block-Koilwar, Distt.-Bhojpur, Bihar. 29. M/S Durga Enterprises, a proprietorship firm having its office At Kothia Mushari, Muzaffarpur through its proprietor Prabhu Dubay, resident of Kothia Mushari, Muzaffarpur. 30.M/s Sarba Shree Balaji Enterprises, a proprietorship firm having its office at Kothia Mushari, Muzaffarpur through its proprietor Ram Sobit Prasad, resident of Kothia Mushari, Muzaffarpur. 31.M/s Durga Coal Briquette, a proprietorship firm having its Office at & P.O. Kothia Mushari, Muzaffarpur through its Proprietor Prabhu Dubay, resident of at & P.O. Laxmanpur, Siwan Dhall, Siwan, Bihar. 32. M/s Sarba Shree Prasad Enterprises, a proprietorship firm having its at Kothia Mushari, Muzaffarpur through its proprietor Prakash Kiran, resident of Kothia Mushari, Muzaffarpur. 33. M/s Kara Kachi Enterprises, a proprietorship firm having its office at & P.O. Kayam Nagar, Bhojpur through its proprietor Md. Shabi, resident of at & P.O. Kayamatnagar, District- Bhojpur, Bihar. 34. M/s Shilpi Coal Briquette Plant, a proprietorship firm having its office at & Po. Kasap, Bhojpur through its proprietor Sanjay Kumar, resident of Kasado, District-Bhojpur, Bihar. 35. M/s Neha Shree Coal Briquette, a proprietorship firm having its office at & P.O. Kasap, Bhojpur through its proprietor Sanjay Kumar, resident of Kasado, Distt.-Bhojpur, Bihar. 36. M/s A. K. Briquette, a proprietorship firm having its office at & P.O. Kasap, Bhojpur through its proprietor Sanjay Kumar, resident of Kasado, Distt-Bhojpur, Bihar. 37. M/s Adarsh Gul Udyog, a proprietorship firm having its office at & P.O. Kasap, Bhojpur through its proprietor Sanjay Kumar, resident of Kasado, Distt.- Bhojpur, Bihar. 38. M/s Shiwani Chemicals Industries, a proprietorship firm having its office at Zakhi Bigha, Rohtas through its proprietor B. K. Singh, son of Late J.P. Singh, resident of Jakhi Bigha, Rohtas, Bihar. 39. M/s Bikramganj Lime Works, a proprietorship firm 4 Having its office at Zakhi Bigha, Rohtas through its Proprietor Smt. Usha Devi, wife of Late B.P. Verma, Resident of Jakhi Bigha, Rohtas, Bihar. 40. M/s Reliable Chemicals Industries, a proprietorship Firm having its office at Zakhi Bigha, Rohtas through Its proprietor Smt. Usha Devi, wife of Late B.P.Verma, Resident of Jakkhi Bigha, Rohtas, Bihar. 41. M/s Classic Chemicals Industries, a proprietorship firm having its office at Zakhi Bigha, Rohtas through its Proprietor B. K. Singh, son of Late J. P. Singh, resident of Jakkhi Bigha, Rohtas, Bihar. 42. M/s Rohit Coal Briquette Industries, a proprietorship firm having its office at Kharai Tola, Rohtas through its Proprietor Sudhir Kumar son of Manoj Singh, resident of Kharari Tola, Rohtas, Bihar. 43. M/s Soni Coal Briquette Industries, a proprietorship firm firm having its office at Kharai Tola, Rohtas through its proprietor Ram Kumar Rai, son of Sushil Rai, resident of Kharari Tola, Rohtas, Bihar. 44. M/s Rohni Gul Udyog, a proprietorship firm having its office at Kharari Tola, Rohtas through its proprietor Munni Rai, son of Late Satya Narain Rai, resident of Kharari Tola, Rohtas, Bihar. 45. M/s Naman Smokeless Fuel Ind. Pvt. Ltd., a company Incorporated under the Indian Companies Act, 1956, having its office at East Nand Gola, Patna City, Patna through its one of the Director Shailendra Kumar, son of Late Deo Narain Yadav, resident of East Nand Gola, Patna City,Patna. ………Petitioners. Versus 1. A. K. Pal, the Chairman-cum-Managing Director, Bharat Coking Coal Ltd., Koyala Bhawan, Dhanbad. 2. Partho Bhattacharya, the Chairman, Coal India Ltd.-cum- Managing Director, Bharat Coking Coal Ltd, Coal Bhawan, 10, Netaji Subhash Road, Kolkata-1. 3. A. K. Roy, the General Manager (Sales & Marketing), Bharat Coking Coal Ltd., Koyala Bhawan, Dhanbad. 4 G. D. Singh, Deputy Chief Sales Manager (Road Sale), Bharat Coking Coal Ltd., Koyala Bhawan, Dhanbad. 5. V. K. Jha, Sales Manager (Legal), Bharat Coking Coal Ltd., Koyala Bhawan, Dhanbad. 6. The State of Bihar. …….Opposite Parties. ----------- 5 1.7.2009 Petitioners in this application were the 5 petitioners in C.W.J.C.No.10653/2007 which was disposed of by Judgment dated 10.1.2008 by this Court. This Court held that the decision to stop supply of coal to the petitioners was void, ab-initio and as a consequence the respondent-Coal Company was directed to resume the supply of coal forthwith to the petitioners. It was not in controversy that against that order, the Coal Company went in L.P.A.No.174/2008 which was disposed of on 24,.4.2008 whereby the direction of this Court to resume supply of coal forthwith was modified and made subject to enquiry to be done by the Coal Company. By the said order the respondent-Coal Company was directed to take a decision in this matter within two months and liberty was given to them to resume or not the supply of coal, in the meantime. The writ petitioners being aggrieved by this order approached the Apex Court by preferring Civil Appeal No.375/2009 which was then disposed of by the Apex Court on 22.1.2009. The Apex Court modified the order of the L.P.A.Bench by providing that in course of the enquiry if the Coal Company is unable to produce a particular document, they would be given liberty to explain and make out its deficiency. The Apex Court granted two months time to the Respondent- Coal Company to complete enquiries. On behalf of the petitioners, it is submitted that 6 the first order in the series of appeals was passed on 10.1.2008. We are now in July, 2009, almost one hand half years later. Several two months have gone by. The respondents are still to conclude the enquiry. They have yet to inform the petitioners whether the documents supplied by them are adequate or not. Because of the non-supply of coal which is a sole raw material for the petitioners, the units are lying closed. Even though almost six months have gone by since the order of the Apex Court, nothing has been communicated to the petitioners, no inspection made and still malafidely the coal supplies are withheld. On behalf of the Respondent-Coal Company it is submitted that considering a large number of cases it has not been possible for the officers of the Coal Company to scrutinise their records even in one and half years. Petitioners rightly, in my view, submitted that the Respondents are delaying the matter obliviously and indifferently to the loss that is being caused to the petitioners. Having perused the order-sheets, in my view, if the Respondents-Coal Company was truly acting in bonafidely, then they ought to have move an application before the Apex Court for extension of time as fixed by their Lordships. But still they have not chosen to do so. In my view, the complaint of the petitioners may be genuine and correct, but this Court is of the opinion that 7 violation, if any, as alleged would be that of the orders of the Apex Court and the petitioners’ remedy lies there. This Court can not proceed against the Respondents-Coal Company for violation of the orders of the Apex Court. Petitioners are given liberty to move the Apex Court, if they so like. In view of the orders passed today, learned Senior counsel for the petitioners Sri Giri does not press I.A.No.3592/2009. With this observation, this application is disposed of. SKBOSE (Navaniti Prasad Singh)