Ashim Kumar Banerjee, J. - (1.) Appellant company being the successor- in-interest of Thapar Intrafor Company of India Ltd., filed the above writ petition inter alia challenging the vires of the Coal Mines (Nationalisation) Act, 1973 (hereinafter referred to as "the Act of 1973") as well as for a writ of mandamus commanding the respondents directing to hand over the plant and machinery mentioned in Schedule B therein to the appellant.
(2.) According to the appellant Thapar Intrafor imported certain machineries for the purpose of coal extraction in Central Sounda Colliery in the District of Hazaribagh in the State of Jharkhand belonging to United Collieries Ltd. According to the appellant, Thapar Intrafor was engaged by United Colliery to provide technical assistance and/or mechanism for the purpose of extraction of coal in their Central Sounda Colliery in terms of a contract entered into on November 29, 1971. Initially the challenge to the relevant provisions of the Coal Mines Nationalisation Act was not there, those were brought in by way of the amendment of the writ petition.
(3.) When the writ petition was initially moved the appellant obtained an interim order from the learned Single Judge on February 13, 1973 to the effect that the respondent be restrained from using or dealing with or disposing of the plant and machineries mentioned in Schedule B or removing the same from the places where they were kept. Such interim order continued till the writ petition was finally heard and disposed of by the learned Single Judge.;