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Judgment
Udai Sinha and Abhiram Singh, JJ.—Heard Mr. Kalyan Roy for the petitioner and Mr. Debi Prasad for the Central Coal Field Ltd. (hereinafter called ''the C.C.L.'').
After hearing learned Counsels for the parties, we are of the view that there is no impediment for the C.C.L. in supplying coal to the petitioner in terms of Linkage scheme. Mr. Debi Prasad has stated that D.K. Chaudhary who was the agent of the petitioner for the purpose of transporting coal from the C.C.L. to the petitioner''s premises has filed a suit for declaration that circular No. C.C.L./H. O./C-4/Black-List/33/ 30771-81, dated 24/26-11-1983 may be quashed.
learned Counsel for the parties, however, state that the Civil Court has not passed any mandatory injunction upon the C.C.L. nor has issued any direction to the C.C.L In that state of affairs, the C.C.L. is free to supply coal to the petitioner direct without any intermediary. The C.C.L. can take no objection to that. In the view of the matter we hereby direct that the C.C.L. will supply coal to the petitioner directly without any transporting agency.
The application is thus disposed of in the terms as indicated above.
It goes without saying that the petitioner in order to transport coal from the precinct of the C.C.L. to the precinct of the petitioner necessary licence, if required under the Bihar Trade Articles (Licences Unification) Order, 1984, must be in possession of the petitioner. We entertain no doubt that the C.C.L. will be able to supply coal to the petitioner within two weeks from today.