S.J. Mukhopadhaya, J. - (1.) The petitioner has challenged the wireless message dated 6.6.2000, whereby and whereunder, the respondents officials of M/s. BCCL suspended the dispatch of the sale order/delivery order of coal in favour of petitioner unit in the light of letter dated 30.5.2000 issued by the Officer -in -Charge Chirkunda PS, Dhanbad.
(2.) The counsel for the petitioner submitted that the coal authority cannot suspend supply of coal merely on the report/instruction given by the Officer in Charge, Chirkunda PS.
(3.) He placed reliance on the Court's decision in Maa Chhinnamastika Coke Ind. Pvt. Ltd. v/s. State of Bihar & Ors., reported in, 2001 (1) JLJR 80. In the said case, the Court held that after deletion of Coal Control order w.e.f. 29th April, 1992, there being no regulatory provision in respect to coal, neither the consumer nor the dealer can be subjected to any regulatory provision, industrial units are entitled, as a matter of right, to purchase acquired coal to the extent it is required for their consumption as per their own assessment. No State authority has jurisdiction to ask the coal companies to suspend supply of coal to one or other party.;