^^— IN THE HIGH 60URT OF JUDICATURE CHHATTISGARH AT BILASPUR WPNO. "~OF 2002 Petitioner: 'spondents: /j 1. c ^ 5L-2 9 ^ \^': v. M/s. Dq(nesh Industries, Kota-Bilaspur Road, Bharni Parsad, District Bilaspur, Through its Proprietor, Rajesh Lamba, Aged about 33 years, S/oShriR.K. Lamba, R/o Link Road, Bilaspur, District Bilaspur, Chhattisgarh State. ^^ Versus ^®A^ \^ ^•-^T 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. '\ '^,:'.. -^:,^ K;'^? d%^^ 1 G) \^" WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA .s.^*^-^.^^^.^ HIOH COURT OF CHHATTISOARH, BILASPUR W.P.No. 157 lof 2002 M/s. Dasniesh Industries Vs. Coal India Limited & others Order ^b^ Post for 18.08.2003 Sd/- Fakhruddin Judge HIOH COURT OF CHHATTISOARH, BILA8PUR W.P.No. 1571 of 2002 M/s. Dasmesh Industries Vs. Coal India Limited & others Shri Rohit Ar\ra, Sr. counsel with Shri Sandccp Dubey^ counsel for the petitioner, Shri Dhirendra Mishra with Shri Viralesh Bajpai, counsel t'or the respondents No. 1 to 3. Miss Sofia Khan, Dy. Govt. Advocate for the State/respondent No. 4. Present: Hon'ble Shri Justice Fakhruddin PRDBR 18.08.2003 Heard finally with the consent of the counsel for the partics, (1) By this petition med under Article 226/227 of the Constitution of India, the grievanGe of the petitioner in this writ petition is for supply of niore quantity of coal as per their entitlement. It is subraitted that less quantity is being supplied. Case of the respondents is that supply is being uiade as per eiililleiueiit. (2) The counsel for the petitioner submits that their Tndiistries are based on the Coal Tndiistries; this Tndiistry is 2 - regi^tercd a5 Siaall Scale Indu^try by rc^pondcnt No, 4, It i^ further submitted that the Indust^ was established in the year 1995 and supply of coal is being made since 1995. As per Unkageletter 18-5.1999 for supply of coal, inaxunum pennissible quantity is 200 Metric Ton per month to M/s Dasmesh Industries by the S.E.C.L (Annexure P/7). 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 9& January, 2002 (Annexure P/3) in respect of M/s Dasniesh Industries whereui the deraand/requirenients were shown to be not less than 200 inetric ton per nionth. (3) Counsel for the petitioner subinitted that the prayer made in this petition is for a dtrection to respondents Nos. 1 to 3 to make up the short supply of coal made during flie year 2001-2002 as per rcstored MPQ and that they shoiild continue to supply on the sanie basis. (4) Retum/reply has been flled on behalf of respondents No. 1 to 3 iii wliich it has been stated that the petitioner itself has not lifted the coal for preceding 3 years as per their linkage. (5) In the reply it has been further stated that it was considered by the Board of Directors of Coal India Ltd* in its 196th nxeeting and after detailed deliberation approved the decisioii takeii iii Uie CMDs meeluig Iield 011 2.6.2001, thereby authorizing subsidiarv7 companies to sale entire wm '.ti H-;^yr^.%^"^^'^ ^}:"^ i'^s-:'iRpg - 3 •"- 'v quantity of coal and coal producte as wiU be available with ftiem after meeting their qualitative and quantitative requirement of coal to core sector consumers by introducing a suitable systeni keeping in view the deniand aad availabUity of particular grade of coal, the raarket forces actuaUy in operation, etc. with the objectives of maxiinizing retum to the coal coinpanies. It was also approved tliat the residual quantlty, if any, would be sold to the intending buyers separately. The new policy for sale ot' coal to non-core sector consum.er is beuig under the forniulation stage. (6) On 31.1.2003, when the matter was taken up, a stateraent has been niade to the effect that the policy is under consideration, which has been recorded in the order sheet. It is also submitted ftiat coal is now available in the open market and as siich the petitioner can obtain coal from the open inarket, It was also directed to the respondent to file an affidavit uidicating therein the basis on which linkage facility is being continued and the basis on wliich coal is being supplied to the customers. (7) Aftidavit has been filed. Then by order dated 25-7- 2003, tiine was granted to the counsel to file new sale policy, which has been filed and tlie same is taken on record. (8) Learned counsel for the petitioner subniitted that they made a represeiilalioii 011 14-2-2001 (Annexure-P/8) iii Uie prescrlbed brochure, whlcti 1s still pending. r""-" - 4 - y (9) It is further subniittcd by counsel for respondcnts No, 1 to 3 that so far as the matter regarding Imkage is concerned, it was challenged in the High Court of Madhya Pradesh in W.P. No. 25.31/2003 (M/s. Duraa Chemicals Vs. Coal India Limited & Others}. The said petition was decided on 13-5- 2003 and copy of thc ordcr passcd by thc M.P. High Coi.irt is filed on record, It is submitted that it could not be decided because of the pollcy under preparation and it was publicized. (10) Heard. (11) As there is dispute in the petition with respect to quaatity of ooal to be supplied to the petitioner, let a decision be taken by fhe respondents ui accordance with the prevailiag policy, in case lirikage agreement exists. Let it be considered in an objective manner by the respondenfcs and entitlement be dedded by a reasoned and speaking order diily teking into consideration the representation already subinitted or a detailed representation which raay be subinitted within two weeks froni today and the representations so raade shall be decided as early as possible preferably within two months from today and if required the petitioner may be heard. With this observation this petition is disposed ofat this stage. Certified copy as per rules, Sd/- Fakhruddin Judge ^ vatti/Rao ^T -': <^