TAPEN SEN, J. - (1.) HEARD Mr. R. Krishna, learned counsel for the Petitioner and Mrs. Banani Verma, learned counsel for the respondents.
(2.) THE petitioner in the instant case has made a prayer, inter alia, for a direction upon the respondents to release the linked quantity of coal, which according to it, has been illegally withheld on the ground that the Department of Industry has not sponsored the case of petitioner for release of coal. According to the petitioner it made an application for grant of linkage and by order dated 19.4.1999, a linkage order vide Annexure 2 was issued under the signature of the Chief General Manager, Coal India Limited. According to the petitioner, the total assessment of capacity for the petitioner has been assessed as 630 Metric Ton per month and the petitioner was getting the coal pursuant to Annexure 2 as well as the aforementioned assessment but, subsequently, the said supply was stopped. Although, the petitioner had deposited the required money but inspite thereof, full quantity had not been released and the petitioner could lift only small quantities of coal and the rest are still lying with the respondent authority tor which they have received the entire amount. 2001 (1) JCR 63 (Jhr). In that view of the matter and as agreed by the parties, this Writ Petition is being disposed off with the following directions : - - (i) the petitioner shall now approach the respondent No. 3 i.e. General Manager (Sales), C.C.L., Darbhanga House, Ranchi for supply of coal; (ii) if all other pre -requisites in relation to such supply are in order, then the respondent No. 3 shall depute one of his officers to make an on the spot Inquiry in relation to the viability of the petitioners unit as to whether it should be given a chance to survive or not.
(3.) ACCORDING to the learned counsel for the petitioner, even though an Interim order was passed as early as on 4.5.2001 to the effect that the pendency of the case shall not stand in the way of the respondents in releasing coal in terms of the linkage, no such coal has in fact ever been released as a result whereof the petitioner has not been able to start production.;