1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 1888/2011 (Gopal R. Mehadia .vs. State of Mah. And others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JUNE 16, 2011 Heard Shri A.M. Rizwy, learned counsel for petitioner, Shri N.W. Sambre, learned Government Pleader for respondents no.1 and 5 to 7 and Shri C.S. Kaptan, learned counsel for respondents no.2 to 4. Shri Rizwy, learned counsel for petitioner points out that the respondents have expressed inability to justify stoppage of supply of coal on account of alleged oral instructions of respondent no.6. He further states that in any case according to them those oral instructions are now withdrawn. He, however, points out that the new supply contract was to commence from 1.4.2011 and to last upto 31.3.2012. The advertisement for the same was published on 9.3.2011 and in view of the subsequent developments, its consideration has remained pending. In this view of the matter, he requests the Court to pass appropriate orders directing respondents to expeditiously consider an entering into the agreement 2 for fuel supply in pursuance of the said advertisement dated 9.3.2011 at the earliest. He further states that as period from 1.4.2011 till now is already gone, the agreement should be for future period of one year. Shri Kaptan, learned counsel for respondents no.2 to 4 states that normally the consideration as per advertisement dated 9.3.2011 could have been done at the earliest but here in view of the subsequent developments that did not materialize. He is, therefore, seeking time to find out within what time such consideration can be undertaken and to also find out whether the agreement could be for a future period of 12 months. He points out that coal to be supplied is received from the Coal India and that arrangement lasts only upto 31st March of every year. Learned Government Pleader Shri Sambre appearing for respondents No. 1 and 5 to 7 is opposing the petition. In view of the limited request made by Advocate Shri Rizwy, we find that interest of justice can be served by directing the respondents no.2 to 4 to expedite their consideration of the agreement for fuel supply in pursuance of advertisement dated 9.3.2011 and to complete it within a period of three weeks from 20.6.2011. The advertisement published is dated 9.3.2011 and the new agreement normally was to come into force from 1.4.2011. Hence we are granting time of three weeks to respondents no.2 to 4. Similarly the respondents can also look into the other request made by the petitioners i.e. to continue with agreement for a period of 12 months from the date on which it comes 3 into effect. We, therefore, direct the respondents to expedite their consideration and to take appropriate action in terms of this order as early as possible and in any case within a period of three weeks from 20.6.2011. With this direction, the petition is disposed of. No costs. Steno copy to all. JUDGE JUDGE halwai