- (1.) THIS application has been preferred by the petitioner against the wireless message bearing No. BCCL: Sand M: RS: F - 41: 423 dated 30th July, 2002 issued by the Chief General Manager (S and 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.) 2002(3) JLJR 394]. 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, SISI, 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. 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.
(3.) IN view of circumstances as the District Industries Centre, Bihar has no jurisdiction to determine the question of supply of coal in favour of one or other consumer, the Wireless message dated 30 July, 2002 issued on such direction is set aside.;