TAPABRATA CHAKRABORTY, J. - (1.) The instant appeal has been preferred against an order dated 22nd March, 2016 passed by the learned Single Judge in WP 27907 (W) of 2015.
(2.) Shorn of unnecessary details, the facts are that Eastern Mineral and Trading Agency (hereinafter referred to as EMTA) preferred a writ petition being WP 27907 (W) of 2015 challenging the Request For Proposals (hereinafter referred to as RFPs) dated 5th October, 2015 and 17th October, 2015 issued by the West Bengal Power Development Corporation limited (hereinafter referred to as the said Corporation) for selection of Mine Developer and Operator for development and operation of Pachhwara (North) Coal Block and Barjora (North) Coal Block. Upon contested hearing an interim order was passed in the said writ petition on 9th December, 2015 directing the said Corporation to consider the case of EMTA under Section 11 of the Coal Mines (Special Provisions) Act, 2015 (hereinafter referred to as the said Act of 2015). Pursuant to the said interim order the Chairman & Managing Director (hereinafter referred to as CMD) of the said Corporation passed an order on 23rd December, 2015 rejecting the EMTA's plea for novating the contract. EMTA challenged the said order by an application, being CAN 214 of 2016 and the learned Single Judge by an order dated 11th January, 2016 observed that the said order did not indicate the exact reasons and CMD was directed to reconsider the order and to pass a reasoned order upon giving a short hearing to the writ petitioners. Aggrieved by the said orders dated 9th December, 2015 and 11th January, 2016 passed in WP 27907 (W) of 2015 both the parties filed separate appeals and the same were heard together and the Appeal Court was pleased to allow the appeals preferred by the said Corporation and to dismiss the appeal preferred by EMTA by a judgment dated 12th May, 2016. None of the parties have preferred any appeal against the said judgment dated 12th May, 2016. In the midst thereof, EMTA preferred an application for appropriate direction, being CAN 2958 of 2016, in the pending writ petition, inter alia, praying for an order to restrain the said Corporation from proceeding any further with the RFPs dated 12th February, 2016 and 27th February, 2016 issued pertaining to Barjore Gangaramchak - Bhadulia Coal Mines and Tara (East) and Tara (West) Coal Mines and from receiving the technical, commercial bids in terms of the said RFPs. In the said application, the learned Single Judge passed the impugned order dated 22nd March, 2016 directing the said Corporation to consider EMTA's claim pertaining to the said coal mines under Section 11 of the said Act of 2015 and not to proceed with the tender till communication of the decision.
(3.) Mr. Jayanta Kumar Mitra, the learned Advocate General appearing for the said Corporation submits that the coal mines in respect of which an order was sought for by the application being CAN 2958 of 2016 are not the subject matter of the writ petition and the RFPs dated 12th February, 2016 and 27th February, 2016 pertaining to the said coal mines are also not under challenge in the said writ petition and that as such, the said application ought not to have been entertained by the learned Single Judge.;