M.Y.EQBAL, J. - (1.) THE petitioner seeks a direction upon the respondents particularly, Project Officer, Sudamdih coal washer for immediate release of the remaining quantity of slurry i.e. 1757.240 M.T. for which the petitioner had already deposited the price and against that delivery order was issued on 22.9.2001.
(2.) SHORT facts of the case are that in pursuance of sale order dated 22.9.2001 the petitioner -Company was allotted 4900 MT. slurry and the petitioner deposited the entire price of the slurry. It is contended by the petitioner that as per allotment order the petitioner had to lift the entire quantity of slurry within 60 days from Sudamdih coal washery. It is further contended that although lifting period was prescribed but the petitioner was not given delivery of slurry. Then a representation to that effect was made to the Chief General Manager (S&M). It is alleged that instead of giving delivery of slurry, to the petitioner, a fresh advertisement of another open sale scheme by railway was issued on 2.11.2001 wherein the rate of slurry has been increased. The petitioner, therefore, claims that the remaining quantity of slurry should be delivered to it as per the rate prescribed in the allotment order and against the value of the slurry already deposited by it. A counter affidavit has been filed by the respondent -BCCL. wherein it is stated that the sale order was issued in favour of the petitioner pursuant to the advertisement made by the respondents for sale of slurry under Open Sale Scheme. In terms of the advertisement the respondent was entitled to make price revision and the management reserved its right of extension of validity of value paid unexecuted sale orders. It is further stated that whenever there is price revision by BCCL. certain amount of quantity is withheld which is almost in proportion to the price increased so that the party can deposit the difference of the increased price and the old price and then balance quantity is allowed to be lifted by it.
(3.) I have heard Mr. Mahesh Tiwari learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel appearing on behalf of the respondents -BCCL.;