IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.566 of 2004
M/S Aman Coke Plant Pvt. Ltd. through its Managing
Director, Parmeshwar Prasad son of Sri Harihar Prasad,
Industrial Area, Aurangabad, P.O. & P.S. and District-
Aurangabad -----Writ petitioner ---- Appellant.
Versus
1. The Bharat Coking Coal Limited through its Chairman-
cum-Managing Director, Koyala Bhawan, Koyala Nagar,
Dhanbad.
2. The Coal India Limited through its Regional Sales
Manager (Sales and Marketing), Azad Bhawan, Sri
Krishnapuri, Patna ---- Respondents --- Respondents.
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4. 25.10.2010 Heard learned counsel for the appellant, and
learned counsel for the respondents. This appeal under
Clause 10 of the Letters Patent of the High Court of
Judicature at Patna raises a grievance with respect to the
order dated 12.3.2004, passed by a learned Single Judge of
this Court, in C.W.J.C. No. 1835 of 2002( M/S Aman Coke
Plant Pvt. Ltd. V. The B.C.C.L. & another), whereby the
writ petition along with the analogous writ petitions were
disposed of with the direction to the respondent Company to
supply coal to the petitioners keeping in view the directions
given by the Jharkhand High Court in the case of M/S Maya
Fuel Pvt. Ltd. We may make it clear that the impugned order
disposed of a large number of writ petitions, and the present
appeal is confined to C.W.J.C. No. 1835 of 2002.
2
Learned counsel for the respondents submits that
the issues are concluded by an agreement inter-parties. In
deed the Supreme Court had taken up the issues in question
in the case of Ashoka Smokeless Coal India Limited vs.
Union of India, 2007(2) S.C.C. 640, whereby the Union of
India was directed to constitute a committee and take a
policy decision. The committee so constituted had submitted
its report, the policy decision was announced, and the parties
have entered into separate agreements. We are convinced
that the parties in the present case have also entered a valid
agreement arrived at between the parties.
In the result, we find that the cause of action for
the appeal has dissolved during the pendencny of the present
proceedings. It is accordingly disposed of in terms of the
agreement inter-parties.
( S. K. Katriar,J. )
Vinay/ (Birendra Prasad Verma, J.)