- (1.) ST appellant M/s Central Coalfields Limited (hereinafter to be referred as Company) and others have preferred this appeal against the order dated 24th March 2003 passed by the learned Single Judge in W.P.(C ) No. 6006 of 2002, whereby and whereunder the learned Single Judge while held that in the change position the Court cannot direct that the 1st respondent - writ petitioner be remedied by lifting linkage slurry and thereby refused to grant relief to that extent; further held that the 1st respondent -writ petitioner having been discriminated will be entitled to damage and gave liberty to the appellant to escape from such liability by providing slurry to the 1st respondent - writ petitioner on the terms and condition on which it was made available to the 6th respondent, M/s Bharat Coal Products, Bokaro.
(2.) AS the appeal may be disposed of on the short point, it is not necessary to discuss all the facts except the relevant one. The 1st respondent - writ petitioner and another M/s Bharat Coal Products, Bokaro, 6th respondent herein applied for linkage. They having not been granted, had to move before the Calcutta High Court and, pursuance of the direction of the Calcutta High Court, their case was considered by the Coal Controller of India. The Coal Controller of India recommended and directed the Company to grant linkage in favour of 1st respondent - writ petitioner at the rate of 60,000/ - M.T. per annum. Similar direction was also given in respect of 6th respondent. Thereafter, the Company though issued linkage in favour of 6th respondent, no such linkage was issued in favour of 1st respondent - writ petitioner.
(3.) THE 1st respondent - writ petitioner in the meantime was purchasing coal slurry from open market at higher rate, no linkage having been issued for lifting coal slurry from Kathara colliery as per direction of Coal Controller of India. Thereafter, the 1st respondent -writ petitioner preferred the writ petition in question, in which prayer was made to direct the Company to grant permanent linkage in his favour for lifting slurry from Kathara washery at the rate of 60,000/ -M.T. per year; further prayer was made to Page 868 declare that he was entitled to such permanent linkage w.e.f. 11th December 1994 i.e. the date on which the coal linkage was allowed in favour of 6th respondent herein.;