- (1.) Appellants are respondents before the Writ Court. A Fuel Supply Agreement (for short 'FSA') dated 29th of September, 2008 was entered into between the respondent-writ petitioner (for short 'petitioner') and the appellants for supply of coal to the petitioner on the condition set out in the FSA. When the appellants found certain irregularities having been committed by the petitioner resulting into violation of certain conditions, a letter/notice No. BCCLS&M: PS: F-Linkage/5613 dated 3rd February, 2010 was served upon the petitioner to produce certain documents to show the end use of coal pursuant thereto, the petitioner furnished the required information requesting the appellants to inspect the unit as per the direction of Hon'ble Supreme Court passed in the case of Ashoka Smokeless Coal Pvt. Ltd. dated 1st of February, 2006. It is thereafter, another communication/notice was sent to the petitioner vide letter No. BCCL:S&M:C:F-Linkage/852 dated 8th June, 2010 intimating the petitioner that he had not submitted the documents in support of end use of coal for a particular month i.e. April, 2010 stating further that failure to comply with the same can end up in suspending the coal supply to the unit. Ultimately, the coal supply to the unit of the petitioner and other similarly situated coal units was stopped with effect from 1.7.2010 which arbitrary step of the appellants was protested by the Association and the matter ultimately landed up in Hon'ble 'Supreme Court in Special Leave Petition (C) No. 21959 of 2010. It is thereafter the supply of coal was resumed to the petitioner unit. Appellant, however, vide letter No. BCCL: S&M:C:F-Linkage/1224 dated 9.11.2010 terminated the petitioner's Fuel Supply Agreement which was questioned by the petitioner through the medium of W.P.(C) No. 2102 of 2011. The said writ petition now stands allowed vide impugned judgment dated 1.4.2014 of learned Single Judge primarily on two grounds, firstly; that no notice was issued to the petitioner asking him to show cause as to why the Fuel Supply Agreement be not terminated, secondly; the aforesaid notice did not mention that there was reselling or diverting the coal by the petitioner, on the other hand, it mentioned that proper utilization and end use of coal lifted by the petitioner could not be proved to the full satisfaction of the appellant, therefore, there was no violation of Clause 15.1.5 of FSA for the termination of the said Agreement. Hence, the instant Letters Patent Appeal. Mr. Anil Kumar Sinha, Senior Advocate, has put in appearance on behalf of the petitioner unit.
(2.) The instant appeal is at admission stage. Learned counsel for both the sides agreed for disposal of the appeal at this stage itself.
(3.) Heard learned counsel for both the sides, gone through the impugned judgment and the Writ Court record.;