Court No. - 39
Case :- WRIT - C No. - 25926 of 2021 Petitioner :- V.R. International (P) Ltd. And Another Respondent :- Union Of India And Another Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- A.S.G.I.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vikram D. Chauhan,J.
Heard the learned counsel for the petitioner and Sri Varun Singh has put in appearance on behalf of respondent no.2.
By means of the present petition, the petitioners seek to challenge the order dated 29th July, 2021 whereby e-auction made in favour of the petitioners had been kept in abeyance, i.e. the petitioners have been restrained from lifting the allotted quota of coal.
The record indicates that a show cause notice dated 3rd August, 2021 has been issued to the petitioners with the allegation that they have exported the coal procured under the e-auction on previous occasion.
The contention of the petitioners is that a reply dated 3rd August, 2021 has been given to the show cause notice.
It is an admitted fact that no final decision has been taken by the competent authority.
We, therefore, do not find it a fit case for interference, inasmuch as no permission can be granted to the petitioners to lift the coal allotted under the e-auction in view of the allegations of illegal export of auctioned coal.
Even otherwise, merits of the allegations cannot be seen within the scope of Article 226 of the Constitution of India at this stage.
For the aforesaid, without entering the merits of the claim, the present petition is being disposed of with the direction that the respondent no.2 shall take an expeditious decision in the matter of show cause notice dated 3rd August, 2021 by passing a reasoned and speaking order in accordance with law after consideration of replies submitted by the petitioners herein. Personal opportunity of hearing shall also be given to the petitioners by fixing a specific date for their appearance in the office of respondent no.2.
In any case, an expeditious decision in accordance with law shall be taken preferably within a period of four weeks from the date of receipt of copy of this order. It goes without saying that independent decision has been taken by the respondent no.2 without being influenced by any of the observations made herein.
Order Date :- 24.12.2021 Bhaskar