S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the order dated 13th March, 2002 issued by the General Manager (S&M) (HQ), Coal India Limited (for short CIL), whereby and whereunder, the application of ' petitioner for revalidation of coal clearance certificate/linkage, has been rejected on the ground of inadequate availability of coal.
(2.) THE petitioner initially established its unit at Patratu and a Coal Clearance Certificate/Linkage was granted in its favour vide order, contained in letter No. 208 -09 dated 4th/6th October, 1989 issued by the CIL Calcutta. It was valid for two years. There being dispute of land and Naxalite problem, the petitioner shifted its Unit to Rohtas (now in the State of Bihar), and, in the meantime, the period of Coal Clearance Certificate/Linkage expired.
(3.) AS per terms and conditions the petitioner applied for extension of coal linkage which was placed before the Managing Committee of CIL which vide its meeting held on 24th December, 1998, vide Agenda No. 6, decided and recommended to grant Coal Clearance Certificate to petitioner 'sUnit 'for another six months by extension after obtaining the opinion of the Central Coalfields Limited (for short CCL). Thereafter, the CCL having not forwarded its opinion, though the Central Mines, Planning and Design Institute Limited (for short CMPDI), vide letter dated 20th April, 1999 informed the Chief General Manager (Marketing Division, CIL Calcutta that the petitioner had already deposited the know how and consultancy fees, a Writ Petition, WP(C) No. 3232 of 2001 was preferred by the petitioner. In the said case, a Bench of this Court, vide order dated 23rd November, 2001, made the following observations and directions: '' "The petitioner will represent the matter before the CMD, CCL, Ranchi for issuance of no Objection from their part and will also represent the matter before the competent authority of M/s CIL, Calcutta, The CMD of M/s CCL Ranchi will intimate the competent authority of M/s CIL, Calcutta whether M/s CCL has any objection if M/s CIL grants exten -sion of coal clearance/revalidate the linkage as per police decision of M/s CIL within a month from the date of receipt of representation. The competent authority of M/s CIL is expected to pass final order relating to extension of coal clearance/ revalidation of linkage within a month from the date of receipt of such information. If CMD of M/s CCL does not file any objection within a period of one month, the competent authority of M/s CIL Calcutta will determine of its own within three months from the date of receipt of representation, taking into consideration the decision of Linkage Committee dated 24th December, 1998." ;