Grasim Industries Limited vs Coal India Limited & Ors
2022 Latest Caselaw 8487 Cal

   26
19.12.2022
   mb




                     W.P.A. No. 4654 of 2016


                    Grasim Industries Limited
                                Vs.
                    Coal India Limited & Ors.



                  Mr. Tauhid Khan,
                  Mr. Suvodip Bhattacharje,
                  Ms. Moumita Bhattacharje
                                  ...for the petitioner

                  Mr. Sudhakar Prasad,
                  Mr. N. Banerjee
                                  ...for the respondent nos. 1 & 3

                  Mr. Jishnu Chowdhury,
                  Mr. Arif Ali,
                  Mr. Arnab Sarkar
                                  ...for the respondent no. 7


                  Learned counsel appearing for the parties submit

             that two connected writ petitions, bearing W.P. No.

             8553 (W) of 2015 and W.P. No. 15015 (W) of 2015,

             were already disposed of finally vide judgment dated

             August 20, 2019, passed by Debangsu Basak, J.

The present challenge has been taken out against

a notice dated March 20, 2015, issued by respondent

no. 3. The question which arose is, whether the liability

of putting in a market fee can be imposed upon the

petitioner, that too, retrospectively.

Upon hearing learned counsel for the parties and

perusing a server copy of the judgment passed on

August 20, 2019 in the previous two writ petitions, it

appears that the present challenge arose from the

same notice.

As such, there cannot be any reason for deviating

from the outcome of the previous two writ petitions.

Accordingly, W.P.A. No. 4654 of 2016 is also

dismissed in the light of the judgment dated August

20, 2019, passed in W.P. No. 8553 (W) of 2015 and

W.P. No. 15015 (W) of 2015.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)