- (1.) THIS application has been filed on behalf of the writ petitioner -respondent No. 1 for vacating the interim order of stay passed in the Letters Patent Appeal on 18th May, 2004.
(2.) THE writ petitioner -respondent No. 1 had been granted linkage by M/s. Coal India Limited for initially establishing its Unit at Patratu. The said linkage was valid for two years. Admittedly, the writ petitioner - respondent No. 1 could not establish its Unit at Patratu within the stipulated period of two years and had to shift its Unit to Rohtas, now in the State of Bihar. In the meantime, the Coal Clearance Certificate/linkage expired. The writ petitioner -respondent No. 1 thereafter applied for extension of linkage with the Apex Body, namely, the Managing Committee of the Coal India Limited which in its meeting held on 24th December, 1998 recommended to grant Coal Clearance Certificate to the petitioner 'sUnit for another six months by extension after obtaining the opinion of the Central Coalfields Limited. The matter was remitted to the authorities of the Central Coalfields Limited, Ranchi for issuance of "no objection" certificate, but ultimately on the ground of inadequate availability of coal, the prayer for linkage was sought to be rejected. Aggrieved by the said order, the writ petitioner filed a writ petition and the learned Single Judge by order dated 10th September, 2003, inter -alia, remitted the case with the direction upon the competent authority of M/S Central Coalfields Limited for renewal of linkage of the petitioner to enable the petitioner to request the competent authority to execute an agreement as per the new Sales Policy. A further direction was given to the competent authority of M/s. Central Coalfields Limited to renew the coal linkage of the petitioner if there was no other impediment within a period of two months from the date of receipt/ production of a copy of the order.
(3.) AGGRIEVED by the directions given by the learned Single Judge on the writ petition filed by the petitioner, the respondent -Central Coalfields Limited has preferred the instant Letters Patent Appeal mainly on the ground that the learned Single Judge was not justified in issuing a mandamus to the appellants to renew the linkage of the writ petitioner Company.;