M.Y.EQBAL, J. - (1.) HEARD Mr. P.K. Prasad, learned counsel for the petitioners and Mr. Ananda Sen, learned counsel for the respondent -BCCL.
(2.) IN this writ application the petitioners have prayed for quashing the direction as contained in Wireless Message dated 8.3.2005, whereby supply of coal as per the linkage granted to the petitioners has been suspended. The case of the petitioner is that they are carrying on business of manufacture of briquette and they have been granted coal linkage by the Coal India Ltd. On 23.10.2004 an FIR was lodged against the petitioners alleging commission of offences under Sections 419, 420, 467, 468, 471, 414 and 120 -B, IPC, which was registered as Govindpur P.S. Case No. 253 of 2004 alleging inter alia that certain trucks were intercepted and the truck drivers confessed that the coal loaded therein was to be unloaded at the Mandi at Varanasi. On the basis of FIR, the Deputy Superintendent of Police, Headquarter, Dhanbad directed the authorities of the B.C.C.L. to suspend the supply of coal to the petitioners. Subsequently, respondents issue show cause notice on 29.1.2005 calling upon the petitioners to show cause as to why supply of coal be not suspended due to misutilisation of coal as alleged in Govindpur P.S. Case No. 253/2004. Petitioners filed their show cause and finally the impugned order of suspension of supply of coal has been issued.
(3.) MR . P.K. Prasad, learned counsel for the petitioners assailed the action of the respondents as being illegal and wholly without jurisdiction. Learned counsel submitted that the action of the respondents in suspending supply of coal on the direction of police is wholly illegal and without jurisdiction. Learned counsel further submitted that the impugned order suspending supply of coal has been issued without assigning any reasons and without following the principles of natural justice.;