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High Court of Jharkhand · body

2025 DAILYLAW 20909 (JHR)

M/S RAJRAPPA FUELS, THROUGH ITS PROPRIETOR RAJEEV KUMAR AGARWAL v. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF COAL,

WPC/4250/2025 · 2025-09-17

Arun Kumar Rai, Sujit Narayan Prasad

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:28632-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5927 of 2024 M/s Economical Domestic Fuel Enterprise having its office at Village Rauta, Marar, P.O. & P.S. Ramgarh, District Ramgarh, Jharkhand through its proprietor Binod Sharma, aged about64 years, son of Late Buramal Sharma, resident of Baralal Street, Upper Bazar, P.O. G.P.O., Ranchi, P.S. Kotwali, District- Ranchi, Jharkhand … Petitioner Versus 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand. 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 5. Coal India Limited, through its Chairman, having its office at Coal Bhawan, Premises No. 4 MAR, Plot No. AF-III, Action Area, 1 A, New Town, Rajarhat, P.O. Rajarhat, P.S. Rajarhat, District- Kolkata, 700156, West Bengal … Respondents With W.P.(C) No.6215 of 2024 M/s Sri Balaji Carbon having its office at Village Kundrukhurd, P.O. Kundrukala and P.S. Rajrappa, District-Ramgarh through its partner Sanjay Kumar Sah, aged about 48 years, son of Late JP Sah, resident of L.G. Complex, Pahari Mandir Road, P.O. G.P.O., P.S. Sukhdeonagar, District- Ranchi, Jharkhand. … Petitioner Versus 2025:JHHC:28632-DB 2 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand. 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. … Respondents With W.P.(C) No.6263 of 2024 Shri Balaji Ceramics having its office at village Rauta, Marar, P.O. Marar, P.S. Ramgarh, District Ramgarh, Jharkhand through its proprietor Ashok Kumar Jain, aged about 73 years, son of Late J.P. Jain, resident of Ranchi Road, P.Ο. Marar, P.S. Ramgarh, District Ramgarh, Jharkhand. … Petitioner Versus 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. … Respondents With W.P.(C) No.6317 of 2024 2025:JHHC:28632-DB 3 M/s Kiran Ceramics and Monolithics having its office at village Ratway, P.O. Karma, P.S. Ramgarh, District Ramgarh, Jharkhand through one of its partners namely Vishal Kumar, aged about 36 years, son of Late Vyas Prasad, resident of Seota, Marar, P.O. Marar, P.S. Ramgarh, District Ramgarh, Jharkhand. … Petitioner Versus 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhúrwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. … Respondents With W.P.(C) No.3639 of 2025 M/s Eastern Fuels having its office at Plot No. 19, Barhi Industrial Area, P.O. & P.S. Barhi, District Hazaribagh, Jharkhand through its proprietor Binod Sharma, aged about 65 years, son of Late Buramal Sharma, resident of Baralal Street, Upper Bazar, P.O. G.P.O., Ranchi, P.S. Kotwali, District- Ranchi, Jharkhand. … Petitioner Versus 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand 2025:JHHC:28632-DB 4 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. … Respondents With W.P.(C) No.3692 of 2025 M/s Eco-Friendly Fuel Enterprises having its office at Village Rauta, Marar, P.O. & P.S. Ramgarh, District Ramgarh, Jharkhand through its proprietor Priyatosh Sharma, aged about 41years, son of Binod Sharma, resident of Baralal Street, Upper Bazar, P.O. G.P.O., Ranchi, P.S. Kotwali, District- Ranchi, Jharkhand. … Petitioner Versus 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through itsChief Secretary, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. … Respondents With W.P.(C) No.4250 of 2025 M/s Rajrappa Fuels having its office at Village Singrawa, Chouparan, P.O. & P.S. Chouparan, District Hazaribag, Jharkhand through its proprietor Rajeev Kumar Agarwal, aged about 52 years, son of Late Durga Prasad Agarwal, resident of Thana Chowk, 2025:JHHC:28632-DB 5 Ramgarh, P.O. Ramgarh, P.S. Ramgarh, District Ramgarh, Jharkhand. … Petitioner Versus 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. … Respondents With W.P.(C) No.4251 of 2025 M/s Maa Bhadrakali Coke and Minerals having its office at Village Singrawa, Chouparan, P.O. & P.S. Chouparan, District Hazaribag, Jharkhand through its proprietor Vaibhav Jain, aged about 43 years, son of Ashok Kumar Jain, resident of Ranchi Road, Ramgarh, P.O. Ramgarh, P.S. Ramgarh, District Ramgarh, Jharkhand. … Petitioner Versus 1. Union of India through Secretary, Ministry of Coal, Government of India, having its office at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S. Sansad Marg, New Delhi. 2. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand 3. The Secretary, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 2025:JHHC:28632-DB 6 4. Jharkhand State Mineral Development Corporation through its Managing Director having its office at Khanij Nigam Bhawan, Nepal House Area, Doranda, P.O. Doranda, P.S. Doranda District Ranchi, Jharkhand. … Respondents ---------- Coram: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioner(s) : Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate Mr. Amitabh Prasad, Advocate For the UOI : Mr. Anil Kumar, ASGI Mrs. Nitu Sinha, CGC For the CIL : Mr. Anoop Kr. Mehta, Advocate Mr. Manish Kumar, Advocate Mr. Pratyush Kumar, Advocate For the JSMDC : Mr. Piyush Chitresh, Advocate ----- Order No.18/ Dated 17.09.2025 1. These batch of writ petitions have been filed under Article 226 of the Constitution of India. 2. Since the issues involved in the instant batch of writ petitions are identical, as such with the consent of learned counsel for the parties, the same were heard together and are being disposed of by this common order. 3. Since, common causes have been involved in all these writ petitions, for the sake of convenience, the reliefs sought for in W.P.(C) No.5927 of 2024are quoted hereunder:- (i) For issuance of an appropriate writ(s), order(s) or direction(s) particularly writ of mandamus commanding upon the respondent No.4 to restore / resume the supply of coal to the petitioner in terms of 2025:JHHC:28632-DB 7 the New Coal Distribution Policy, 2007 issued by the Ministry of Coal, Government of India by executing Fuel Supply Agreement. AND (ii) Further, for issuance of an appropriate writ(s), order(s) or direction(s) particularly writ of mandamus commanding upon the respondent No.4 to provide quantity of coal to the extent of advance payment of Rs. 9,48,089/- deposited by the petitioner as a value for purchase of the coal from Respondent No.4. AND/ OR (iii) For issuance of any other appropriate writ(s) or direction(s) or order(s) as Your Lordship may deem fit and proper in view of the facts and circumstances of the case for doing conscionable justice to the petitioner. 4. Mr. Indrajit Sinha, learned counsel appearing for the petitioners has submitted that writ petitioners conscious of the fact that the validity of agreement has already expired, but the writ petitioners intend to continue with the contract and for that requirement is to have the fresh agreement in between Jharkhand State Mineral Development Corporation (JSMDC) and the petitioners in individual capacity. 5. The argument has been advanced that while the agreement was subsisting, it was due to the frivolous objection raised by the Jharkhand State Mineral Development Corporation, the one of the other petitioners have not been allowed to lift the coal due to the objection of the Jharkhand State Mineral Development Corporation (JSMDC), and consequently the validity of the Fuel Supply Agreement (FSA) has lost its force. 2025:JHHC:28632-DB 8 6. The submission, therefore, has been made that the writ petitioners are conscious of the aforesaid fact and therefore, the due applications have been filed before the Divisional Commissioner, North Chhotanagpur Division, Hazaribagh, which is still pending as such, the appropriate direction may be given to the Divisional Commissioner, North Chhotanagpur Division, Hazaribagh to take decision within the specific period. 7. He has further submitted that there is no certainty that the same objection may also not be agitated again by the JSMDC. 8. Mr. Piyush Chitresh, learned counsel appearing for the JSMDC has submitted by referring to the affidavit filed on behalf of the Jharkhand State Mineral Development Corporation as also on the basis of the instruction of the officer concerned, namely, Mr. Abhinesh Kumar Singh, I/c Coal Trading, JSMDC, who has instructed him that the JSMDC has also realized the aforesaid fact that it was the contract in between the coal companies and the JSMDC and what has been insisted by the JSMDC was not required, since, the one of the other writ petitioners is the party to the contract entered in between the JSMDC and one of the writ petitioners in the individual capacity. 9. It has been submitted that the Fuel Supply Agreement entered in between the CCL/BCCL and JSMDC is already in operation. 10. It has further been submitted that the due applications have been filed before the Divisional Commissioner, North Chhotanagpur Division, Hazaribagh, who has got competence to pass an order with respect to the issue of the Fuel Supply Agreement in between the JSMDC and the petitioners in the individual capacity. The Divisional Commissioner, North Chhotanagpur Division, Hazaribagh has already taken 2025:JHHC:28632-DB 9 decision by making due recommendation which is lying pending before the competent authority of the JSMDC. 11. Mr. Piyush Chitresh, the learned counsel for the JSMDC, on instruction, has submitted that within two weeks the appropriate decision will be taken by the JSMDC. 12. Considering the same, all these writ petitions are disposed of with a direction to the Managing Director, JSMDC to take decision preferably within the period of two weeks from today, in accordance with law. 13. All the pending I.As also stand disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Dated: 17th September, 2025 Rajnish/R.K.