1212caw2762.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NoS. 2762 & 2767 OF 2011 IN WRIT PETITION No. 1888OF 2011. Gopal Ramkaran Mehadia -VERSUS- 1.State of Maharashtra and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : DECEMBER 12, 2011. After hearing Shri A.M. Rizwy, learned Counsel for petitioner and Shri D.N. Kukdey, learned Counsel for respondent Nos. 2 to 4 and Shri Sonak, learned A.G.P. for respondent no.1, we are satisfied that the directions to respondents in Writ Petition to look into the possibility of continuing with the agreement for a period of 12 months from the date on which it comes to effect, was based upon 1212caw2762.11 2 advertisement and corrigendum which has been later on withdrawn. Earlier agreement with petitioner was only for a period from October till March. After orders of this Court dated 16.06.2011, respondent nos. 2 to 4 have started fresh process for releasing coal in favour of petitioner and other similar units for the period from October till March. Shri Rizwy, learned Counsel has pointed out that though October, 2011 and November, 2011 are already over, till date that quota has not been released and no Fuel Supply Agreement for that purpose is entered into. Shri Kukdey, learned Counsel informs that as grievance is being looked into by this Court in substantive petition (between the parties) which is, pending. In this situation we find that when earlier agreement between the parties was from October 2010 till March, 2011 the next agreement in terms thereof can be from October, 2011 onwards till March, 2012. There is no question of any agreement which can 1212caw2762.11 3 continue in force for period of 12 months. The grievance of petitioner for subsequent release and for entering into Fresh Coal Agreement is being considered by this Court in an independent petition. We, therefore, find that the orders dated 16.06.2011 passed by this Court were in absence of full and correct disclosure of facts, the same are therefore, rendered infructuous after later withdrawal of advertisement and corrigendum. With these observations and without prejudice to the rights of present petitioner in pending Writ Petition in so far as period from October, 2011 till March, 2012 is concerned, we dispose of the present application. No costs. JUDGE JUDGE Rgd