PUKASH N. SANGMA Vs. PAHAL COAL TRADERS PVT. LTD & 10 ORS.
HIGH COURT OF MEGHALAYA
Pukash N. Sangma
Pahal Coal Traders Pvt. Ltd And 10 Ors.
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Ranjit Vasantrao More,J. -
(2.) The respondent No.1 filed W.P (C) No. 10 of 2020 before the learned Single Judge of this Court. By the said petition, respondent No.1 challenged the auction notice dated 14-11-2019, the sale pursuant to the auction conducted on 29-11-2019, as well as subsequent orders passed by the respondent authority relating to auction notice dated 14-11-2019. Directions were also sought for issuance of the fresh tender for auction of unclaimed seized coal in accordance with the due process. The said writ petition came to be disposed of by the learned Single Judge by a speaking order dated 18- 03-2020. The operative part of the order runs as follows:-
'(a). Coal present in the depots/site to be re-auctioned less the amount lifted as on 15-01-2020.
(b). Coal lifted and stopped in transit, not to be allowed for further transportation until the differential amount , [that is the amount of difference between the successful bid amount in the re auction, and the earlier bid amount] is tendered by the private respondents before the competent authority/ Deputy Commissioner within one week from date of auction. Amount to be tendered by bank draft or by RTGS. The Mineral Transport Challan to be re stamped to indicate payment of differential amount.
(c). Coal lifted, transported and already delivered to various sources/buyers prior to 15-01-2020, to be accounted for and details submitted as to quantity, to the competent authority/ Deputy Commissioner, and the differential amount to be tendered within one week from the date of auction.'
(3.) The appellant in whose favour earlier auction was granted, feeling aggrieved has approached this Court by way of aforesaid appeal. Learned counsel for the appellant submits that he has no objection so far as the directions of the learned Single Judge, contained in clause (a) and (c) as mentioned above are concerned. He submits that the present appeal is filed being aggrieved by the order containing in the operative part of the clause (b).;
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