Jharkhand High Court

M/S. Rahul Coke Industries (P) Ltd vs The Central Coalfields Limited Through ... on 9 September, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

                                         2025:JHHC:27370-DB




 IN THE HIGH COURT OF JHARKHAND AT RANCHI
            W.P.(C) No.1834 of 2019
                       -----
1. M/s. Rahul Coke Industries (P) Ltd., a Company
   registered under Companies Act, 1956 having its factory
   at 201 & 202, Jiudhipur, Basant Nagar, Ramnagar,
   Varanasi, Uttar Pradesh, through its Director, Sunil
   Kumar Verma, S/o Sri Rameshwar Prasad Verma, aged
   about 60 years, resident of 201 & 202, Jiudhipur,
   Basant Nagar, Ramnagar, Chandauli, P.O.- Basant
   Nagar & P.S- Basant garh, Ramnagar, Varanasi, Uttar
   Pradesh.
2. M/s. Sri Balaji Coke Industries, a Proprietorship
   concern, having its factory at Bongabar Sandi, P.O.-
   Bharechnagar, District-Ramgarh (Jharkhand) through
   its Proprietor, Suresh Chand Agarwal, S/o Late Nanadlal
   Agarwal, aged about 48 years, Resident at Sandi, P.O.-
   Bharechnagar, P.S. Ambedkar Tola, District- Ramgarh
   (Jharkhand)-829117.            ...  ...     Petitioners
                           Versus
1. The Central Coalfields Limited through its Chairman
   cum Managing Director, having its office at Darbhanga
   House, Ranchi, P.O. G.P.O., P.S. Kotwali, District
   Ranchi.
2. The General Manager (Finance), Central Coalfield
   Limited, Darbhanga House, Ranchi, P.O. G.P.O., P.S.
   Kotwali, District Ranchi.
3. The General Manager (S & M), Central Coalfield Limited,
   Darbhanga House, Ranchi, P.O. G.P.O., P.S. Kotwali,
   District Ranchi.          ...   ...  Respondents
                             With
               W.P.(C) No.1813 of 2019
                          -----
1. M/s. Goyal Udhyog, a Proprietorship concern, having its
   factory at Morangi, P.O. & P.S- Morangi, District-
   Hazaribagh (Jharkhand) through its Proprietor, Shri
   Trilok Chand Munka, aged about 46 years, S/o Shri
   Fateh Chand Agarwal, resident of Shanti Niwas, Kali
   Bari Road, P.O. & P.S.- Morangi, District-Hazaribagh
   (Jharkhand).
2. M/s. Capital Fuel Company (Pvt.) Ltd., a Company
   registered under Companies Act, 1956 having its factory
   at Village Kakori, P.O. & P.S- Trilochan Mahadev,
   District-Jaunpur (Uttar Pradesh) through its Director,
   Shri Krishna Kumar Choudhary, aged about 54 years,
   S/o Late Shri Jugal Kishore Choudhary, resident of 18,




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  Gola Road, Ramgarh Cantt, P.O. & P.S.- Madhopur,
  District- Ramgarh (Jharkhand).
3. M/s. Ramco Coke Industries, a Partnership concern,
   having its factory at B-13, Industrial Area, Ramnagar,
   Chandauli, Uttar Pradesh, through its Partner Shri
   Prasad Jaiswal, S/o Shri Bijay Krishna Jaiswal, aged
   about 63 years, resident of 1/715, Thatheri Bazar,
   Gurudwara Gali, Ramnagar P.O & P.S- Ramnagar,
   District- Varanasi, Uttar Pradesh.
4. M/s. Barelia Coke Industries (Pvt.) Ltd., a Company
   registered under Companies Act, 1956 having its factory
   at Village Kakori, P.O. & P.S- Trilochan Mahadev,
   District-Jaunpur (Uttar Pradesh) through its Director,
   Shri Anil Kumar Agrawal, aged about 44 years, S/o Shri
   Gyan Chand Agrawal, resident of D-64/52 B-1, Sant
   Raghubir Nagar, Madhopur, Sigra, P.O. & P.S.-
   Madhopur, District- Varanasi (Uttar Pradesh).
5. M/s. Agarwal Coke Industries, a Proprietorship concern,
   having its factory at Village Kakori, P.O. & P.S- Trilochan
   Mahadev, District- Jaunpur (Uttar Pradesh) through its
   Proprietor, Shri Pawan Kumar Agarwal, aged about 64
   years, S/o Late Shri Raghunathlal Agarwal, resident of
   Flat No.-5B, Belair Apartment, Block-1, Jokhiram
   Durgadutt Lane, Main Road, P.O. G.P.O & P.S.- Kotwali,
   District- Ranchi (Jharkhand.
                                       ...   ...   Petitioners
                              Versus
1. The Central Coalfields Limited through its Chairman
   cum Managing Director, having its office at Darbhanga
   House, Ranchi, P.O. G.P.O., P.S. Kotwali, District
   Ranchi.
2. The General Manager (Finance), Central Coalfield
   Limited, Darbhanga House, Ranchi, P.O. G.P.O., P.S.
   Kotwali, District Ranchi.
3. The General Manager (S & M), Central Coalfield Limited,
   Darbhanga House, Ranchi, P.O. G.P.O., P.S. Kotwali,
   District Ranchi.
                                    ... ...   Respondents
                            -------

CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
             HON'BLE MR. JUSTICE ARUN KUMAR RAI
                         -------
For the Petitioners  : Mr. Nitin Kumar Pasari, Advocate
                     : Mr. Gaurav Kaushalesh, Advocate
                     : Mr. Shubham Gurung, Advocate



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For the Respondents : Mr. Anoop Kumar Mehta, Advocate
                    : Mr. Pratyush, Advocate
                    : Mr. Shovit Raj, Advocate
                           ------
Order No. 05/Dated 09 September, 2025
                      th



Per: Sujit Narayan Prasad, J.

1. Both writ petitions are having common issues and,

as such, directed to be listed together as would be evident

from order dated 06.09.2019. Accordingly, both the matters

have been listed together and heard together.

Prayer

2. The following reliefs have been sought for in both

the writ petitions:-

(a) For issuance of appropriate writ, order or direction,

directing upon the Respondents to show cause as to

how and under what authority of law, the

Respondents have not yet refunded the amount

collected in excess of the notified price of the coal,

even after there being a specific direction of the

Hon'ble Supreme Court for refund of the amount,

together with interest in the case of M/s. S.J Coke

Industries Pvt. Ltd Vs Central Coal fields Ltd.

(b) Consequent, upon showing cause, if any, and on

being satisfied that the Respondents have illegally

withheld the excess amount paid and in view of order

passed by the Hon'ble Supreme Court, the

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Respondents be directed to forthwith refund the

entire amount along with interest @6% p.a. from the

date of deposit till the date of refund.

Factual Matrix

3. The brief facts of the case as per the pleadings made

in the writ petitions, which are required to be enumerated,

read hereunder as :-

The Petitioners are either the Proprietorship concern

or the Company registered under Companies Act, 1956

having its Office at the address mentioned in the cause title

and is involved in the business of sale and purchase of

various grades of Coal.

4. The Respondent is a Public Sector Undertaking of

the Government of India engaged in the business producing

various grades of Coal.

5. The Coal India Limited and its subsidiaries

introduced a new scheme for sale of coal through E-auction

under which the industrial concerns which had linkage

with Coal India Limited and its subsidiaries for the supply

of coal had to pay more for the coal compared to what they

were paying earlier. Under the present scheme the coal

companies and traders had to pay over and above the

notified price fixed for the coal.

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6. Aggrieved by the said scheme several writ petitions

were filed in various High Courts by the traders and coal

companies dealing in coal challenging the legality and

validity of the Scheme.

7. Some High Courts decided the matter on merits and

allowed the writ petition and declared the Scheme as ultra

vires, whereas some other High Court dismissed the writ

petition and upheld the Scheme as legal and proper.

8. While number of matters were still pending in

different High Courts, an appeal was filed in the Supreme

Court of India wherein the Hon'ble Supreme Court passed

an order directing that all the pending Writ Petitions in

various High Court should be transferred to the Hon'ble

Supreme Court and tagged them together making M/s.

Ashoka Smokeless Coal Industries (P) Ltd. & Ors vs.

Union of India & Ors.[(2007) 2 SCC 640] as the lead

case.

9. The Hon'ble Supreme Court vide order dated

01.12.2006 finally allowed the Writ Petitions filed by the

traders and held that the e-Auction Scheme was violative of

Article 14 of the Constitution of India and therefore ultra

vires the Constitution and quashed the entire e-auction

scheme.

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10. Thereafter by order dated 30.10.2007 in all transfer

petitions/Contempt petitions, the Hon'ble Supreme Court

directed the Coal India Ltd., to refund the excess amount

together with interest amount.

11. After passing of the order by the Hon'ble Supreme

Court, the petitioners wrote several letters accompanied by

a calculation sheet to the respondent for refund of the

excess amount paid by the petitioners together with the

interest as decided by the Hon'ble Supreme Court.

12. In the similar matter, the Hon'ble Single Judge of

the Patna High Court vide order dated 01.07.2009 passed

in the case of Bhagwati Coke Industries Pvt. Ltd & Ors.

Vs. Central Coalfields Ltd. & Ors., allowed the writ

petition and directed the Central Coalfields Ltd., to refund

the entire amount which they had collected from the Writ

Petitioners in excess of the notified price of the coal

pursuant to the Scheme along with 12% interest.

13. Being aggrieved by this order, CCL filed L.P.A.

before the Division Bench of the Patna High Court which

was dismissed vide order dated 17.02.2010. However, the

Hon'ble Court while dismissing this appeal reduced the rate

of interest payable on excess refund amount from 12% to

6%.

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14. The Central Coalfields Limited being dissatisfied by

the order of the Division Bench preferred a Special Leave

Petition before the Supreme Court. The Hon'ble Supreme

Court dismissed the Special Leave Petition vide order dated

19.07.2010 and confirmed the order passed by Division

Bench of Patna High Court.

15. Similarly in different cases, parties had filed Special

Leave Petition arising out of order passed by different High

Courts raising the same plea again and again despite of

there being clear adjudication by the Hon'ble Supreme

Court.

16. Finally, the Hon'ble Supreme Court vide order

08.04.2015 in the case of M/s. S.J. Coke industries Pvt.

Ltd. and others Vs Central Coal Fields and others,

reported in (2015) 8 SCC 72, settled the matter and issued

direction to CCL to verify the claim and refund the balance

amount along with the interests at the rate of 6%. The

Hon'ble Supreme Court also directed that the above order

has to be complied within three months from the date of

the order.

17. Since then the Central Coalfields Limited is sitting

over the applications made by different traders for refund of

the excess amount together with the interest, therefore, the

present writ petitions.

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18. It is evident from the aforesaid facts that in the

similar matter, the Hon'ble Single Judge of the Patna High

Court vide order dated 01.07.2009 passed in the case of

Bhagwati Coke Industries Pvt. Ltd & Ors. Vs. Central

Coalfields Ltd. & Ors., allowed the writ petition and

directed the Central Coalfields Ltd., to refund the entire

amount which they had collected from the Writ Petitioners

in excess of the notified price of the coal pursuant to the

Scheme along with 12% interest.

19. Being aggrieved by this order, CCL filed L.P.A.

before the Division Bench of the Patna High Court which

was dismissed vide order dated 17.02.2010. However, the

Hon'ble Court while dismissing this appeal reduced the rate

of interest payable on excess refund amount from 12% to

6%.

20. Central Coalfields Ltd. being dissatisfied by the

order of the Division Bench preferred a Special Leave

Petition before the Supreme Court. The Hon'ble Supreme

Court dismissed the Special Leave Petition vide order dated

19.07.2010 and confirmed the order passed by Division

Bench of Patna High Court.

21. Similarly in different cases, parties had filed Special

Leave Petition arising out of order passed by different High

Courts raising the same plea again and again despite of

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there being clear adjudication by the Hon'ble Supreme

Court.

22. Finally, the Hon'ble Supreme Court vide order

08.04.2015 in case of M/s. S.J. Coke industries Pvt. Ltd.

and others Vs Central Coal Fields and others (Supra),

settled the matter and issued direction to CCL to verify the

claim and refund the balance amount along with the

interests at the rate of 6%. The Hon'ble Supreme Court also

directed that the above order has to be complied within

three months from the date of the order.

23. Since then the Central Coalfields Limited is sitting

over the applications made by different traders for refund of

the excess amount together with the interest.

Submission made on behalf of the petitioners

24. Learned counsel appearing for the writ petitioners,

in both the writ petitions, has submitted that the writ

petitioners are entitled for refund of the amount in

pursuance to the law laid down by Hon'ble Apex Court in

the case of M/s. Ashoka Smokeless Coal Industries (P)

Ltd. & Ors vs. Union of India & Ors. (Supra), but no

consideration has been given perhaps on the ground that

the writ petitioners were not party to the proceedings.

25. It has been contended that the issue of party to the

writ pertaining to M/s. Ashoka Smokeless Coal

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Industries (P) Ltd. & Ors vs. Union of India & Ors.

(Supra) has been taken into consideration by the Hon'ble

Apex Court in another judgment rendered in the case of

M/s. S.J. Coke industries Pvt. Ltd. and others Vs

Central Coal Fields and others (Supra) but even then, as

yet, the amount has not been refunded, therefore, the

present writ petitions.

26. The learned counsel has relied upon the judgment

passed by this Court in batch of writ petitions, lead case

being W.P.(C) No.2313 of 2017 [Jai Maa Kali Udyog

Limited v. Bharat Coking Coal Limited and Others]

reported in 2025 SCC OnLine 2057, wherein the issues

have been taken into consideration in the light of the

judgment passed by Hon'ble Apex Court in the case of M/s.

Ashoka Smokeless Coal Industries (P) Ltd. & Ors vs.

Union of India & Ors. (Supra) and M/s. S.J. Coke

industries Pvt. Ltd. and others Vs Central Coal Fields

and others (Supra).

27. It has been submitted that the cases of the present

petitioners are also identical to that of the factual aspect of

the batch of writ petitions, i.e., W.P.(C) No.2313 of 2017

and analogous cases and hence, these writ petitions may

be disposed of in terms of the said order by granting liberty

to the writ petitioners to approach the authority,

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Respondent No.3, the General Manager (S & M), Central

Coalfield Limited by giving all details along with the

relevant documents for its consideration in the light of the

aforesaid judgment for consideration of the issue of refund.

Submission made on behalf of the respondents

28. Mr. Anoop Kumar Mehta, learned counsel appearing

for the respondent CCL, has argued out the case on the

basis of the averment made in the counter affidavit.

29. It has been contended by referring the averments

made in the counter affidavit wherein the respondents have

admitted the fact after the judgment having been passed by

the Hon'ble Apex Court in the case of M/s. S.J. Coke

industries Pvt. Ltd. and others Vs Central Coal Fields

and others (Supra) that the issue of unjust enrichment or

the issue of limitation is not to be raised again in view of

the aforesaid judgment.

30. Mr. Mehta, learned counsel, has submitted after

going through the judgment passed in the case of M/s. S.J.

Coke industries Pvt. Ltd. and others v. Central Coal

Fields and others (Supra) that the petitioners may have

an opportunity to represent before the authority for

consideration of the claims of the writ petitioners.

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Consideration

31. Having heard learned counsel for the parties and on

appreciation of the rival submissions made on their behalf,

particularly after going through the judgment rendered by

this Court in the case of W.P.(C) No.2313 of 2017 [Jai Maa

Kali Udyog Limited v. Bharat Coking Coal Limited and

Others] (Supra), we have found that the issue of refund has

been considered by formulating three issues, as under

paragraph 19 thereof, for ready reference, paragraph 19 of

the said judgment is being referred hereunder as :-

"19. On the basis of pleadings available on record as also argument advanced by learned counsel for the parties, following questions are required to be answered by this Court for proper adjudication of lis:

I. Whether the order passed by the writ Court under Article 226 of the Constitution of India directing the respondent-BCCL to decide the individual claim/representation of the writ petitioners can be considered to be command, if yes, then is it available for the respondent-BCCL to take a ground that merely because one or other petitioners were not party in the case of Ashoka Smokeless Coal India (P) Ltd. & Ors. Vrs. Union of India & Ors. (supra) their cases cannot be considered giving go by to the order passed by the writ Court under Article 226 of the Constitution of India, without assailing the same before higher forum? II. Whether is it available to the respondent BCCL to take the ground of not being a party in Ashoka Smokeless Coal India (P) Ltd. & Ors. Vrs. Union of India & Ors. (supra) before the Hon'ble Supreme Court and taking the said reason for not considering the

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claim of one or other writ petitioners, will amount to sitting over the order passed by the writ Court passed under Article 226 of the Constitution of India? III. Whether the judgment passed by Hon'ble Apex Court declaring the scheme under which amount has been deposited by one or other writ petitioners when has been held to be invalid/illegal, will it not be applicable to other litigants and will be restricted only to the litigant(s) before the Hon'ble Apex Court by giving go by to the Article 141 of the Constitution of India read with Article 144 thereof, said to be proper? IV. Whether the order passed by the authority of respondent-BCCL can be said to be passed in consonance with the order passed by the Hon‟ble Apex Court in the case of Ashoka Smokeless Coal India (P) Ltd. & Ors. Vrs. Union of India & Ors. (supra) and S.J.Coke Industries Private Limited & others Vrs. Central Coalfields Limited & others (supra)?"

32. The issues have been answered on consideration of

the judgment rendered in the case of M/s. S.J. Coke

industries Pvt. Ltd. and others v. Central Coal Fields

and others (Supra) as also the binding precedence of the

judgment rendered in the case of M/s. Ashoka Smokeless

Coal Industries (P) Ltd. & Ors vs. Union of India & Ors.

(Supra).

33. This Court, on consideration of the issues, has

remitted the matter before the General Manager (S & M),

Bharat Coking Coal Limited, Dhanbad for consideration of

the cases of the one or other writ petitioners afresh on

merit in the touchstone of order passed by Hon‟ble Apex

Court in the case of Ashoka Smokeless Coal India (P)

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Ltd. & Ors. Vrs. Union of India & Ors. (supra) and

S.J.Coke Industries Private Limited & others (supra)

within the stipulated period, for ready reference, paragraph

46 of the said judgment is being referred herein :-

"46. The matter is remitted before the General Manager (S & M), Bharat Coking Coal Limited, Dhanbad for consideration of the cases of the one or other writ petitioners afresh on merit in the touchstone of order passed by Hon‟ble Apex Court in the case of Ashoka Smokeless Coal India (P) Ltd. & Ors. Vrs. Union of India & Ors. (supra) and S.J.Coke Industries Private Limited & others (supra) within a period of three months from the date of receipt/production of copy of this order."

34. The factual aspect since is identical, as such, the

decision is required to be taken in view of the judgment

rendered in the case of Ashoka Smokeless Coal India (P)

Ltd. & Ors. Vrs. Union of India & Ors. (supra) and

S.J.Coke Industries Private Limited & others (supra) by

the respondents on its own end.

35. This Court, therefore, is of the view that the

petitioners need to approach before the authority,

particularly, Respondent No.3, the General Manager (Sales

and Marketing), Central Coalfield Limited, Ranchi by

raising all the grievances along with the supported

documents upon which reliance is to be placed and the