S.J. Mukhopadhaya, J. - (1.) All these writ petitions have been preferred by the petitioners for direction on the respondents to release full quota of coal in terms of linkage. Their grievance is that the total quantity of coal, as shown in the linkage, is not being supplied rather lesser quantity than the quantity shown in the linkage.
(2.) The stand taken by the, respondents is that the petitioners are entitled for coal as per the maximum permissible quantity (MPQ) recently fixed, on the basis of the policy decision taken by all subsidiary coal companies for all linked non -core units.
(3.) Similar dispute fell for consideration before a Bench of this Court in the case of Maya Fuel Private Limited v/s. Bharat Coking Coal Limited and Ors., WP (C) No. 4790 of 2001 [reported in, 2002 (3) JCR 196 (Jhr)]. In the said case, the Court vide its judgment dated 14th August, 2002 held : "In view of discussions and reasons, as made and given above, I come to the conclusion and hold : (i) The "Linkage Quantity" and "Maximum Permissible Quota" (MPQ) are not different but same. (ii) it can be revised on the request of a linked consumer for good ground and similarly the coal company can also revise the linkage quantity/MPQ in cases such as less availability of coal than the demand, lifting of lesser quantity than the linkage quantity for years together by the linked consumer etc. (iii) The assessment of linkage quantity/MPQ can be made by a subsidiary coal company with whom the consumer is linked. (iv) The assessment based on the best booking of consumer during any of the three calendar year is reasonable and not arbitrary having nexus with the consumption of a consumer and availability of coal. (v) in case of wrong assessment of linkage quantity/MPQ based on incorrect data etc., the linked consumer can request the coal company for reassessment of linkage quota/MPQ. The issues are determined, accordingly, in favour of the respondents and against the petitioner." As the petitioners are entitled for coal as per coal linkage/MPQ recently fixed or in a case no recent fixation of MPQ made, they will lift coal, as they are lifting at present, no further order is required to be passed in those cases. The writ petitions are, accordingly, dismissed.;