M.Y.EQBAL, J. - (1.) HEARD learned counsel for the petitioner.
(2.) IN this writ application the petitioner has prayed for issuance of appropriate direction upon the respondents for immediate restoration of the petitioners linkage which stand snapped due to non -lifting of linked coal for consecutive 12 months. The petitioners case is that it is a coal briquette plant, duly registered with the Industry Department. The petitioner was granted linkage for lifting of coal vide letter dated 20.1.1999. On the basis of that linkage the petitioner had been lifting fixed quantity quota of coal. In para 9 of the writ petition, it is stated that the petitioner could not lift the coal because of some problems, which continued for more than 12 months. Consequent thereupon the linkage has been snapped. The respondent No. 2 thereafter, refused to allow the petitioner to lift the linked quota of coal. On the basis of these facts the petitioner seeks issuance of a writ directing the respondent to restore the linkage and allow it to lift the coal.
(3.) THE letter, by which linkage was granted to the petitioner, has been annexed as Annexure 2 to the writ application. The said letter contains certain terms and conditions. Mr. Ajit Kumar, learned counsel for the petitioner referred Clause 3 of the conditions, which reads as under: - - "3. After final linkage is granted by CIL, the unit should regularly lift coal on the basis of linkage. In the event of failure by the unit to lift coal/coke for consecutive 12 months or more (but less than 36 months), the linkage will be treated as lapsed/snapped. However, if any consumer desires to draw coal after the linkage of coal is lapsed/snapped, he will have to first apply for restoration of linkage and only after restoration of linkage is granted by CIL, the consumer will be entitled to draw coal against the linkage.";