RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for issuance of direction upon the respondent nos. 2 and 3 to sell and supply Run of Mines (ROM) coal from pit-heads of the respective collieries to the petitioner strictly on the basis of prices fixed by Coal India Limited as per price notification dated 01.02.2001 (Annexure-1 to the writ petition) without insisting upon the petitioner to pay any extra charge over and above the notified prices including the so-called selective loading charges as per notice dated 30.11.2001 (Annexure-2 to the writ petition). Further prayer has been made for declaration that the notice dated 30.11.2001 issued by the respondent no. 3- the Chief General Manager (Sales and Marketing), Bharat Coking Coal Limited, Dhanbad does not apply to the cokeries including the cokery belonging to the petitioner and on the basis of the same, the respondent cannot demand and realize any such charge from the said cokeries including the petitioner who are neither required to avail any such service nor availing the same. The petitioner has also prayed for a direction upon the respondent-BCCL to refund the amount illegally charged and realized from the petitioner on account of so-called selective loading charges pursuant to the notice dated 30.11.2001 with a suitable interest.
(2.) At the very outset, Mr. A.K. Mehta, the learned counsel for the respondent-BCCL, raises an objection regarding the maintainability of the present writ petition on the ground of huge delay committed by the petitioner as the impugned notice was issued in the year 2001 itself. It is further submitted that the petitioner being a regular coal purchaser of the respondent-BCCL did not raise any objection regarding selective loading charges levied for several years and for the first time, the same has been challenged by the petitioner by filing the present writ petition in the year 2017.
(3.) Heard the learned counsel for the parties and perused the contents of the writ petition.;