S.J. Mukhopadhaya, J. - (1.) This application has been preferred by the petitioner to command upon the concerned Respondents to allow the booking of coal as per linkage in view of the fact that if the petitioner is not allowed to lift the coal as per linkage, the linkage may automatically snap w.e.f. 11th September, 2002.
(2.) The stand of the petitioner is that the coal company in question cannot withhold supply on the basis of any report of District Industries Centre, Lucknow.
(3.) The question of supply of coal to a linked consumer of non core sector fell for consideration before a Bench of this Court in the case of M/s. Maya Fuel Pvt. Ltd. v/s. B.C.C.L. Ltd., in WP (C) No. 4790 of 2001. This Court vide its judgment dated 14th August, 2002, held that the State authorities have no more jurisdiction to determine the question of supply of coal or its suspension. The assessment for determination of linkage quantity i.e. Maximum Permissible Quantity (MPQ) cannot be made by the State authorities, such as, district Industries Centre, S.I.S.I., and now to be made by the Coal Companies as the supply of coal is depended on various factors such as requirement of coal of a linked consumer, availability of coal with the Coal Companies etc.;