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2025 DAILYLAW 61464 (CHH)

S K S ISPAT AND POWER LIMITED v. STATE OF CHHATTISGARH

WPC/2386/2021 · 2025-12-14

Shri Sachin Singh Rajput

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:61083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2386 of 2021 S K S Ispat And Power Limited A Company Registered Under The Provisions Of Companies Act 1956, Having Its Registered Office At 501b, Elegant Business Park, Andheri Kurla Road, J. B. Nagar, Andheri (E), Mumbai 400050 Maharastra Regional Office At Village Siltara, 18th Mile Stone, Bilaspur Raipur Road Raipur P. S. Dharsiwa, Raipur 493111, Chhattisgarh Through Its Authorized Signatory Gopal Garg. ... Petitioner. versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Mineral Resources Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh. 2 - South Eastern Coalfields Limited Sipat Road, Bilaspur District Bilaspur Chhattisgarh Through Its Chief General Manager (S And M). ... Respondents. For Petitioner : Shri Ankit Singhal, Advocate. For State/Respondent No.1 : Shri Topilal Bareth, Panel Lawyer. For Respondent No.2-SECL: Shri Vaibhav Shukla, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 15/12/2025 1. Petitioner is claiming following reliefs in this Writ Petition:- AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.12.16 12:13:01 +0530 2 10.1 That, this Hon'ble Court may kindly be pleased to pass an order, issue a direction or necessary command by way of appropriate writ to quash and set aside the order dated 24.2.2021 passed by the Respondent No. 1 in the interest of justice; 10.2 That, this Hon'ble Court may kindly be pleased to pass an order, issue a direction or necessary command by way of appropriate writ to direct and command the Respondent No.2 to issue credit note for the amount related to Royalty, DMF etc. in the case of the grade slippage against the contracted grade in the interest of justice: 10.3 Any other relief or relief(s) which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case, may also kindly be granted. 2. Counsel for the petitioner and counsel for Respondent No.2 submits that the issue involved in the present Writ Petition has already been decided by this Court vide order dated 03.09.2024 passed in WPC No.3366 of 2020 (D.B. Power Limited vs. Union of India) and other connected matters and the present Writ Petition may be disposed of in terms of the observation made by this Court at para 22 of that order, which reads thus:- 22. In the above circumstances, these writ petitions are disposed of with a direction to the SECL to put-forth the claim of petitioner in all these writ petitions for refund/adjustment of excess 3 amount towards royalty etc. on account of slippage of grade of coal supplied, before the State Government of Chhattisgarh within a period two months and in turn, the State Government of Chhattisgarh is directed to reconsider and take decision with respect to claim of petitioner companies as also SECL expeditiously, keeping in mind second proviso to Rule 64B of the Rules of 1960 as well as the order dated 12/8-9/2023 issued by the Ministry of Coal, Govt. of India, New Delhi. 3. Accordingly, the present Writ Petition is disposed of in terms of the order dated 03.09.2024 passed in WPC No.3366 of 2020 and other connected matters. Sd/- (Sachin Singh Rajput) Judge Avinash