- (1.) This Appeal is against the Judgment of the Calcutta High Court dated 5th May, 1998.
(2.) Briefly stated the facts are as follows : The appellants are engaged in the production of hard coke. For that purpose they had to purchase coal from various sources. The appellants have been receiving allotment of coal at the rate of 4800 M.T. They, however, made a representation that they should be supplied 2400 M.T. from the North Tistra Colliery or Lodhana Colliery. The representations of the appellants were not considered by the Bharat Coking Coal Ltd. They, therefore, lodged a protest with the Coal Controller. The Coal Controller passed an order dated 16th June, 1997, the relevant portion of which reads as follows : "Since no action has been taken so far till date and the Unit is facing hardship and other problems in production, I am directed to inform you that the Coal Controller in exercise of the power under provisions of the Colliery Control Order, 1945, allows the prayer of M/s. Akash Coke Industries Pvt. Ltd. as per their representation dated 5-5-1997 for change of source of supply of 2400 MT New Coal as mentioned above with immediate effect."
(3.) It seems that in spite of this order delivery was not effected by Bharat Coking Coal Ltd. The appellants were informed that the change of supply and grade of coal could not be acceded to. The appellants, therefore, again complained to the Coal Controller. The Deputy Coal Controller by letter dated 8th August, 1997 directed Bharat Coking Coal Ltd. to comply with the earlier order dated 16th June, 1997. It appears that in spite of these directions, coal was not released to the appellants from North Tistra Colliery or Lodhana Colliery. The appellants, therefore, filed a Writ Petition which has been disposed of by the impugned Judgment.;