Samaresh Banerjea, J. - (1.) In both the writ application being Matter No. 940 of 1994 and Matter No. 941 of 1994, which have been heard analogously the jurisdiction and the extent of power exercised by the Coal Controller under the Colliery Control Order, 1945 (as amended upto date) has come up for consideration before this Court, somewhat under a peculiar circumstances, as such jurisdiction has been challenged not by the petitioners. But by the respondent Central Coal Field Limited (hereinafter referred to as C.C.L.) which is a Government company and is the State and/or/ authority within the meaning of Article 12 of the Constitution.
(2.) In both the writ applications the petitioners have prayed for implementation and/or enforcement of the order passed by the Coal Controller upon the C.C.L. for release of equivalent quantity of steam coal as the respondents are refusing to carry out such direction of the Coal Controller and now has taken a stand before this Court that the Coal Controller had no jurisdiction to pass such order.
(3.) In Matter No. 940 of 1994 the petitioners inter alia have prayed for issue of a writ in the nature of Mandamus commanding the Coal India Limited to ensure that C.C.L. carries out the directive issued by the Coal Controller dated 12th April 1994, and balance quantity of 82,000 M.T. (approx) and 1,65,000 M.T. (approx) of steam coal is delivered to the petitioners from Sirka/Gidi-C/Relegara Collieries and also for commanding the respondents to deliver the balance quantity of 82,000 M.T. and 1,65,000 M.T. of steam coal in lieu of equivalent quantity of Dirty Slurry from Giddi Washery to the petitioners as per the directive of the Coal Controller. The petitioners have also prayed for a declaration that it is the bounden duty of Coal India Limited to ensure that CCL carries out the directive issued by the Coal Controller and it is the bounden duty of CCL to ensure that the concerned transfer is made effective and the petitioners are delivered with the balance quantity of 82,000 M.T. and 1,65,000 M.T. of steam coal from Sirka/Gidi-C/Relegara Collieries.;