ABHINAV SILICATE INDUSTRY Vs. CHAIRMAN, CENTRAL COALFIELDS LTD
LAWS(JHAR)-2003-9-47
HIGH COURT OF JHARKHAND
Decided on September 30,2003

Abhinav Silicate Industry Appellant
VERSUS
Chairman, Central Coalfields Ltd. Respondents

JUDGEMENT

TAPEN SEN, J. - (1.) IN this writ application, the petitioner prays for issuance of an appropriate writ for quashing the order/letter dated 4.8.1999 (Annexure 3) insofar as it relates to the petitioner whereby and whereunder the authorities suspended coal supply to the petitioner -Unit along with other units. The petitioner also prays for a writ of mandamus commanding upon the respondents to treat the linkage of the petitioner as a valid linkage and accordingly release the full quantity of coal. They have further made a prayer for a command upon the respondents to comply with the directions of Coal India Limited passed on 23.5.2000 (Annexure 6).
(2.) THE petitioner 'scase is that it has established a Unit at Varanasi (U.P.) for production of raw sodium silicate and accordingly the Unit became registered on 3.2.1999 whereafter it became ready for production. Subsequently, it applied for linkage before Coal India Limited and after necessary verification and inspection, such a linkage was granted by a letter dated 20.4.1999 (Annexure 1) allowing 964 M.T. each month. Therefore, the petitioner approached the Coal Companies for release of coal, but for some reason or the other, not a single tonne of coal was ever released, right from the date of the order of linkage on the ground that the petitioner -Unit was not functional. In the meantime, the Deputy Commissioner, Varanasi made enquiries and by an order dated 31.7.1999, communicated his decision to the effect that the permanent registrations of 33 units which were involved in the misuse of coal, were being cancelled. The petitioner was enlisted at Sl. No. 18 thereof.
(3.) THEREAFTER , a Wireless Message was issued from the Office of the Sales Manager, Central Coalfields Limited informing the concerned officials of the Collieries to suspend supply of coal to these units. The petitioner was placed at Sl. No. 18 along -with one M/s. Mayur Lime Industries and M/s. Sadhu Lime Industries, both the Kariaon, Varanasi. This Wireless Message is said to be the impugned order and it has been brought on record vide Annexure 3.;


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