S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has prayed for issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to immediately and forthwith release the monthly allocation quota of coal to the tune of 2,400 M.T. of coking coal each month, as fixed by the respondents themselves.
(2.) FURTHER , prayer has been made for direction tin respondents to consider the petitioners representation for resumption of the monthly quota of coal supply as per new Industrial Policy and not to treat the petitioners linkage as snapped on the ground that the petitioner has not lifted its monthly quota for more than 36 months. The case of petitioner is that it is a registered Small Scale Industrial Unit having registration No. 1/IND/DI/1973 -3344 dated 16th February, 1973. After establishment of Unit a joint inspection was made by the competent authority of the respondent -company which decided that a monthly quota of 2,400 M.T. of coal required every month for running the factories smoothly, which is also carried the linkage quota. Since 2nd November, 1978, the petitioners Unit came into production having granted sales tax registration and NOC from the Bihar State Pollution Control Board. Right from the year 1973 till 30th March, 1998 the Unit lifted its monthly quota of coal from M/s. Bharat Coking Coal Limited (BCCL, for short) and manufactured high quality behie hard coke.
(3.) FURTHER case of petitioner is that it could not lift coal from M/s. BCCL after March, 1998 the Unit being closed for major repairing and there being labour unrest in the unit. All these disputes and repairing work being completed, the petitioner filed application for restoration of monthly quota on 15th February, 2001 i.e. well within specified period of 36 months and as such a question of snappage of the linkage quota does not arise.;