- (1.) The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, making the following prayers: "(I) Issue a Writ, order or direction in the nature of mandamus commanding the respondent No. 3 and 4 to refund the substantial amount of Rs. 17,69,747.00/- approximately along with the interest corresponding to 610.36 MT. of coal within stipulated period. (II) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 6 to refund the substantial amount of Rs. 16,47,988 + excess freight/penal freight which has been imposed upon the petitioner for the basic payment made by the petitioner for the carrying of the goods. (III) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 6 to issue a revised railway receipt to the petitioner with regard to the exact quantity of coal delivered to the petitioner. (IV) Issue any other writ order or direction as this Hon'ble court may deem fit and proper in the circumstances of the case. (V) Award the cost of present writ petition in favour of the petitioner."
(2.) It may be mentioned that the respondent nos. 3 and 4 in the Writ Petition is Bharat Coking Coal Limited while the respondent no.6 is East Central Railway, Dhanbad.
(3.) It appears that the bid of the petitioner pursuant to the E-Auction under the E-Auction Scheme, 2007 was accepted whereupon the petitioner deposited an amount of Rs. 1,19,91,606.09 for purchase of coal from the respondent nos. 3 and 4.;