IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (C) No. 4746 of 2008
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Jagdhatri Coke Manufacturers, Dhanbad ... ... Petitioner
-V e r s u s-
Bharat Coking Coal Ltd., Dhanbad & Others ... Respondents.
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
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For the Petitioner : - Mr. P. K. Prasad, Advocate.
For the Respondent : - Mr. Ananda Sen, Advocate.
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2/11.05.2009
Heard Mr. P. K. Prasad, learned counsel for the petitioner and Mr. Ananda Sen, learned
counsel for the Respondent-B.C.C.L.
Petitioner in this writ application has prayed for issuance of an appropriate order
commanding upon the Respondents to refund the sum of Rs.29,93,247.90/-, purported to be the
excess amount realized from the petitioner.
Learned counsel for the petitioner submits that the aforesaid amount is an excess amount
realized from the petitioner by the Respondents over and above the notified price of coal pursuant to
the process of E-auction. It is further contended that a grievance was raised on account of delay in
refund of the excess amounts realised and several other persons similarly situated as the petitioner,
had earlier raised the matter before the Supreme Court. Vide order passed in the case of Ashoka
Smokeless Coal India (P) Ltd.-versus-Union of India and others, (2007) 2 SCC 640, the apex Court
had directed the Respondents to refund the excess amounts realized from the petitioners therein. The
same ratio would also apply to the petitioner’s case and the petitioner is also entitled to refund of the
aforesaid amount, realized from the petitioner.
Learned counsel for the Respondent-B.C.C.L. on the other hand submits that the
Respondents shall certainly consider the petitioner’s case and if it is found that the petitioner is
entitled to refund of the aforesaid amount then appropriate decision shall be taken on the petitioner’s
claim.
Learned counsel for the petitioner submits that the petitioner has already filed a
representation before the Respondents concerned.
In the facts and circumstances, the petitioner may file a fresh representation raising the
claim and the grounds in support thereof, alongwith a copy of this order and within one month from
the date of receipt of the representation, the Respondents shall consider and decide upon the
representation of the petitioner by passing a reasoned and appropriate order and upon being satisfied
that the amount claimed by the petitioner or any such amount which they feel genuinely payable to
the petitioner, then they shall pay the same within 15 days from the date of decision taken by them
on the petitioner’s representation, together with statutory interest calculated from the date of the
petitioner’s demand for refund, and till final payment.
With the aforesaid observation, this writ application is disposed of at the stage of
admission.
Let a copy of this order be given to the learned counsel for the Respondent-B.C.C.L.
(D.G.R. Patnaik, J.)
APK