S.J. Mukhopadhaya, J. - (1.) This application has been preferred by the petitioner against the wireless message bearing No. BCCL : S&M RS F -41 423 dated 30th July, 2002 issued by the Chief General Manager (S&M), BCCL, Dhanbad, whereby and whereunder, supply of coal in favour of petitioner has been suspended temporarily on the direction of District Industries Centre, government of Bihar, Patna. The petitioner has further prayed for direction on the Respondents to supply coal as per linkage.
(2.) 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 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 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.
(3.) The Court further held that the Coal Companies can revise the linkage quantity/ MPQ, in cases, such as less availability of coal than the demand, lifting of lesser quantity of coal by linked consumer, etc.;