TAPEN SEN, J. - (1.) HEARD the parties.
(2.) THE petitioners pray for quashing the letters dated 11.4.2001 (Annexure -13 Series) passed by the respondent No. 2 refusing to supply coke. According to the petitioners, these orders are contemptuous in nature being in derogation to the Orders/direction passed by the High Court vide Orders dated 23.1.2001 (Annexure -5); 28.2.2001 (Annexure -7) and 22.3.2001 (Annexure -10) whereby, the respondents had been directed to release coal. The petitioners also pray for quashing the fresh sale/tender notice dated 7.4.2001 as contained in Annexure -15 issued for the sale of 3,000 M.T. of B.P. (O) Hard Coke. According to the petitioners, pursuant to a sale notice dated 23.10.2000 (Annexure -1) for the sale of 3,000 M.T. of B.P. (O) Hard Coke, the petitioners had applied on 4.11.2000 submitting application in the prescribed form together with all documents for the purchase of 500, 500 and 990 M.T. respectively (Total of 1,990 M.T.) and had paid the price at the rate notified i.e. Rs. 2,600/ - per M.T. plus 8% Sales Tax per M.T. by Bank Draft as per Annexure -2 appended to the Writ Petition.
(3.) THE grievance of the writ petitioner is that the fresh tender notice dated 7.4.2001 (Annexure -15) issued by the respondents is bad because their intention to purchase 1990 M.T. has been frustrated and the respondents have refused to supply and therefore, the petitioners pray for issuance of writ of mandamus directing the respondents to deliver and/or issue release order for lifting of 1990 M.T. from the Giridih Coke Oven Plant at the rate of Rs. 2,600/ - per M.T. i.e. as per rates notified by Annexure -1. According to the petitioners, since they have already exposed their intention to purchase the Coke as per the Notification as contained in Annexure -1 and since they have already deposited Demand Draft, the respondent cannot and should not be allowed to issue a fresh Notification.;