ORDER
N.N. Tiwari, J.
1. Since common prayer has been made in both the writ petitions, with the consent of the parties, they are being heard together and disposed of by this common order.
In these writ petitions, the petitioners have prayed for a direction on the respondents, particularly, respondent No. 3, to allow them to draw his linked/monthly allocated quota of coal for running their Cookery Unit/S.S.F. Unit.
2. It has been stated that the respondents had introduced E-Auction System and in that view the petitioners did not book/draw their linked/monthly allocated quota of coal to the said system for the period from February, 2005 to December, 2006 and as such, there was no occasion for lifting their linked/monthly allocated quota of coal. Subsequently, the Hon’ble Supreme Court by its judgment dated 1st December, 2006 passed in S.L.P. (C) No. 20471 of 2005 held the E-Auction System as unconstitutional and quashed the same.
3. The petitioners have now been denied their linked/monthly allocated quota of coal on the ground that they failed to lift their allocated quota of coal during the aforesaid period. It has been stated that since the respondents had themselves introduced E-Auction policy and the petitioners switched over to the said E- Auction policy without challenging the same, the respondents have arbitrarily refused to supply the coal on the ground that their linkage has lapsed. The petitioners filed representation(s) before the General Manager, sales and Marketing, Bharat Coking Coal Ltd., Dhanbad on 9th February, 2007 requesting him to issue necessary instructions to allow them to book/draw the linked quota of coal as per their linkage/allocation, but till date, the same has also not been considered and no order has been passed.
4. Learned Counsel appearing on behalf of the respondents submitted that since the petitioners has switched over to E-Auction System, the linkage was snapped.
5. Considering the said submissions made by learned Counsel for the parties and considering that the petitioners had bona fide switched over to the E-Auction System and that system itself has now been held unconstitutional by the Hon’ble Supreme Court, the respondent No. 3, Chief General Manager (Sales), Bharat Coking Coal Ltd., Dhanbad is directed to consider the petitioners’ representation(s) and pass appropriate order in accordance with law, taking into account the said legal position, within a period of six weeks from the date of receipt/production of a copy of this order.