Pinaki Chandra Ghosh, J. - (1.) In this writ application the writ petitioner prayed for a Mandamus commanding the Respondents to withdraw the bills submitted by the Respondents, Central Coalfields Limited for supply of slack coal for the period of 1994-95, 1995-96 and directing the respondents to submit fresh bills on the basis of the price of slack coal and to refund the excess amount realised on the basis of ROM Coal instead and place of slack coal as fixed by the Central Government and also for declaration of Clause-4 of the Colliery Control Order as ultra vires.
(2.) According to the writ petitioner the writ petitioner lifted coal for the financial years 1994, 1995 and 1996 from Bharkunda and Saunda Collieries and has paid and excess amount for the same. The price of the coal which is fixed by the Central Government under Para 4 of the Colliery Control Order, no Colliery can charge a price more than the price as fixed by the Central Government. In the instant case according to the writ petitioner the price of the excess amount is fixed by the Central Government.
(3.) The writ petitioner submitted that the sponsorship was issued in favour of the petitioner for slack coal Grade 'B', 'C' and 'D'. Linkage was granted to the petitioner for slack coal with Central Coalfields Limited from their Sales Office at 15, Park Street, Calcutta. The said sponsorship programme was loaded at Calcutta. Offer was also made from the said office at Calcutta. Thereafter, placement of the loading was made at the collieries situated at Bihar.;