DWABA GLASS WORKS Vs. BHARAT COKING COAL LTD.
LAWS(JHAR)-2009-2-83
HIGH COURT OF JHARKHAND
Decided on February 04,2009

Dwaba Glass Works Appellant
VERSUS
BHARAT COKING COAL LTD. Respondents

JUDGEMENT

- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction upon the respondent authorities showing them cause as to why and under what
(2.) CIRCUMSTANCES the opportunity to resubmit the documents pertaining to 19/13 Points in the light of notice dated 12.6.07 published in Dainik Jagran and Prabhat Khabar, newspapers has not been extended/given to the petitioner as has been done in the case of other linked consumers and the documents sent by the petitioner through speed post within time has not been processed and entertained, when the fact remains that the petitioner in the past as directed/desired by the Respondents, had submitted the documents pertaining to 19/13 Points. The further prayer is for issuance of appropriate direction upon the respondent authorities to accept the documents pertaining to 19/13 points in the light of their notice dated 12.6.2007 published in newspapers for ascertaining the genuineness and working status of the Petitioner as has been done by the respondent in the case of other linked consumers, while considering the fact by not doing so the Petitioner has been deprived of natural justice and principles of law of equality at the hands of the respondents. The next prayer is for issuance of an appropriate writ, order or direction for issuance or a writ in the nature of mandamus commanding upon the respondents authorities to execute Fuel Supply Agreement(FSA) as per the new coal Distribution Policy and to allow the Petitioner to book and lift the Linked quantity of Coal on month to month basis, which has arbitrarily/illegally and in violation of principle of natural justice been stopped by the Respondents while considering the fact that the Respondent authorities with regard to several other linked consumers against whom deficiencies have been found by the committee on scrutiny of documents pertaining to 19/13 Points have recently resumed the supply of coal in their favour. The main contention raised by the petitioner is that at least they should consider under 19/13 Points programmes. In reply, the counsel for the respondents namely, Mr. A.K. Mehta, submits that petitioners eligibility has to be considered based on the documents supposed to be submitted and it can be disposed of in accordance with law. Considering the facts and circumstances of the case, this writ petition is accordingly disposed of with direction to the respondent authority to consider the representation/application of the petitioner which they will resubmit in the light of the 19/13 Points Programme after verification of documents to be supplied by the respondents within a period of two months from the date of receipt/production of a copy of this order.;


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