S.J.MUKHOPADHAYA, J. - (1.) THE writ petition has been preferred by petitioner. M/s. Maya Fuel Pvt. Ltd. for an appropriate writ or a writ in the nature of mandamus directing the Respondents to immediately allocate and supply 2139 M.T. coal to the petitioner from October, 2001 onwards as per its coal linkage contained in letter No. CIL/CAA/48912/ENHANCEMENT/23 -27 dated 21st September, 1998 issued by the office of M/s. Coal India Limited (CIL for short) and balance quantity of coal from March, 2000 to September, 2001 in view of the fact that similarly situated persons are being allocated and supplied such coal pursuant to their coal linkage.
(2.) THE Respondent, M/s. Bharat Coking Coal Limited (BCCL for short) have not denied the petitioners claim for supply of coal, but opposed the quantity of supply as prayed for. According to it, the linked consumers are entitled to lift coal as per Maxim Permissible Quantity (MPQ for short) as introduced by subsidiary companies of M/s. CIL. The stand of CIL is similar. According to it, the policy of sale and distribution of coal to non -core sector was deliberated in great details in the 5th CMDs meet, held on 2nd of June, 2001 which was approved. It was decided that if applications received for more than available quantity of coal, certain norms like MPQ or pro -rata may have to be applied by the coal companies.
(3.) THE main question raised for determination is : (a) whether a coal company is bound to supply coal to a non -core linked consumer as per quantity mentioned in the linkage? and (b) Whether a coal company has jurisdiction to redetermine the quantum of supply of coal as the Maxim Permis - sible Quota (MPQ) in respect to a non -core linked consumer or not.;