[Cites 2, Cited by 0]
Jharkhand High Court
M/S. Anjana Minerals (P) Ltd vs Central Coalfields Ltd on 26 March, 2026
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2026:JHHC:8666 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3129 of 2011
M/s. Anjana Minerals (P) Ltd., having works at P.O. Adityapur Industrial
Area, Adityapur, Jamshedpur, through its Director, Sohan Lal Gaurisaria,
son of Late Dindayal Gaurisaria, resident of Suravi Apartment, 118 'K'
Road, Flat No.2-B, Bistupur, P.O. & P.S. Bistupurt, Dist. Jamshedpur
... Petitioner
-Versus-
1. Central Coalfields Ltd., a subsidiary of Coal India Ltd., Darbhanga House,
P.S. Kotwali, Dist. Ranchi through its Chairman-cum-Managing Director
2. The Chairman-cum-Managing Director, Central Coalfields Ltd.,
Darbhanga House, P.S. Kotwali, Dist. Ranchi
3. The General Manager (Sales & Marketing), Central Coalfields Ltd.,
Darbhanga House, P.S. Kotwali, Dist. Ranchi
4. The Deputy Chief Sales Manager (RS) Sales and Marketing Division,
Central Coalfields Ltd., Darbhanga House, P.S. Kotwali, Dist. Ranchi
5. The SOM (RS), Sales and Marketing Division, Central Coalfields Ltd.,
Darbhanga House, P.S. Kotwali, Dist. Ranchi ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Mukesh Kumar Sinha, Advocate
For the CCL : Mr. Anoop Kumar Mehta, Advocate
Mr. Manish Kumar, Advocate
Mr. Shubham Malviya, Advocate
-----
05/26.03.2026 Heard Mr. Mukesh Kumar Sinha, learned counsel appearing for the
petitioner and Mr. Anoop Kumar Mehta, learned counsel appearing for the
respondent-Central Coalfields Limited.
2. This writ petition has been filed under Article 226 of the Constitution
of India for direction upon the respondent-Central Coalfields Limited (CCL) to
refund to the petitioner the increased basic price having charged/paid in
excess of the notified price of the linked quantity of coal for the period May,
2005 to April, 2008 together with interest to be calculated from the date of
deposit till the date of actual payment in light of the order of the Hon'ble
Supreme Court passed in the case of Ashoka Smokeless India (P) Ltd.
and others v. Union of India and others, reported in (2007) 2 SCC 640
( 2026:JHHC:8666 )
and the order dated 30.10.2007 passed by the Hon'ble Supreme Court in T.P.
(C) No.100 of 2006.
3. From the record, it transpires that the matter was adjourned on
30.11.2022 on the joint submission of the learned counsel for the petitioner
and the respondent-CCL i.e. the issue in question is pending before the
Hon'ble Supreme Court in the case of Coal India Limited and others v.
M/s Rahul Industries and others in Special Leave to Appeal (C)
No.21888 of 2012 and in view of their submission, the matter was directed
to be listed after disposal of the said S.L.P.
4. On query made by the Court, learned counsel appearing for the
petitioner as well as the respondent-CCL jointly submit that now the said
S.L.P. has been disposed of by the Hon'ble Supreme Court vide
judgment dated 12.09.2025 in Civil Appeal No.11793 of 2025, reported
in 2025 INSC 1103 by allowing the appeal filed by the Coal India Limited
and others.
5. Mr. Mukesh Kumar Sinha, learned counsel appearing for the petitioner
submits that only 20% charged above the notified price has been said to be
valid by the judgment of the Hon'ble Supreme Court in the aforesaid appeal.
He further submits that petitioner is also having further percentage of charged
basic price to be refunded by the Central Coalfields Limited.
6. In view of the above and considering that the matter has been set at
rest, however, the claim is being made by the petitioner that further refund is
required to be made to the petitioner by the Central Coalfields Limited. In
that view of the matter, the said dispute is required to ascertain before the
authority concerned at the first instance.
( 2026:JHHC:8666 )
7. Accordingly, this writ petition is disposed of with liberty to the petitioner
to file a fresh representation along with the judgment of the Hon'ble Supreme
Court in the aforesaid Civil Appeal and point out the same and claim of the
petitioner before respondent no.3 within a period of three weeks from today.
Respondent no.3 will look into the matter and pass a reasoned order
considering the judgment passed by the Hon'ble Supreme Court in Civil
Appeal No.11793 of 2025 (supra) within a period of eight weeks
thereafter.
(Sanjay Kumar Dwivedi, J.)
Dated: 26th March, 2026
Ajay/
