IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.553 of 2004
M/S Gaya Coke Company Pvt. Ltd., through its Managing
Director Ashok Kumar Singh, son of Sri Babban Singh,
resident of Lakhibagh, P.S. Muffasil, Gaya, District- Gaya
------ Petitioner-Appellant.
Versus
1. The Coal India Limited, through its Chairman, Head
Quarter, Park Street, Kolkatta.
2. The Regional Sales Manager, Regional Sales Office, Coal
India Limited, Azad Bhawan, Sri Krishnapuri, Patna.
3. The Central Coalfield Limited (C.C.L.), through its
Chairman-cum-Managing Director, Darbhanga House,
Ranchi.
4. The Chief General Manager, Central Coalfield Limited,
Darbhanga House, Ranchi ---- Respondents - Respondents.
------------
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. 3783 of 2002( M/S Gaya Coke
Company Pvt. Ltd. V. The Coal India Ltd. & Ors.), 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
2
appeal is confined to C.W.J.C. No. 3783 of 2002.
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.)