- (1.) Aggrieved by decision of the State Level Committee communicated vide letter dated 2.8.2013, the present writ petition has been filed. The brief facts of the case are that, on 31.5.2012, a Coal Supply Agreement was executed between the petitioner-company and Jharkhand State Mineral Development Corporation Ltd. (JSMDL) for supply of 4080 MT of coal annually to the petitioner-company. During the year, 2012-13, JSMDC supplied 2793.090 MT coal against the annual quota of 4080 MT and for the month of May, 2013, 651.300 MT coal was supplied to the petitioner-company. On 17.5.2013 a surprise inspection was carried out by a team of official comprising Executive Magistrate, Palamau and the District Mining Officer, Palamau. A show-cause notice dated 13.6.2013 was issued to the petitioner-company which was replied by the petitioner on 16.6.2013. It is stated that ignoring the reply of the petitioner-company and the manner in which the surprise inspection was carried out, behind the back of the petitioner-company, a decision was taken by the State Level Committee to suspend the supply of coal to the petitioner-company and the said decision has been communicated to the petitioner vide letter dated 2.8.2013.
(2.) A counter-affidavit has been filed on behalf of the respondent-State of Jharkhand justifying the decision taken by the State Level Committee. It is stated that during the course of inspection dated 17.5.2013, the unit of the petitioner-company was found closed and on enquiry from the local villagers, it was revealed that the petitioner-company was closed since long.
(3.) Heard the learned counsel for the parties.;