Birendrakumar Shrivastava S/O. Taraprasad Shrivastava v. Govrenment Of India, Through Its Secretary, Ministry Of Coal, New Delhi And Others

Order 2607pil75.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION NO. 75/2015.

Birendrakumar Taraprasad Shrivastava -VERSUSGovernment of India and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND ROHIT B. DEO, JJ.

DATE : JULY 26, 2017.

Heard Shri A.S. Kilor, learned Counsel for the petitioner and Shri R. Masurkar, learned Counsel for respondent no.2.

2.

Submission is, after Hon'ble Supreme Court found fault in allotment of mining rights for coal to respondent no.2 for its Bellari Thermal Power Station, respondent no.1 has conducted fresh auction process and in it again very same mine has been procured by respondent no.2. But, then respondent no.2 has resorted to earlier practice and sub-let the mine to respondent no.3, with the result the mischief noted by CAG in earlier coal handling and therefore, the judgment delivered by the Hon'ble Supreme Court is being set at knot.

Order 2607pil75.15 3.

Respondent no.1 Union of India has chosen not to appear, though it is served before 08.06.2016. This Court has issued notice on 03.09.2015. Matter has been listed thereafter for the first time on 17.07.2016 and thereafter has been adjourned from time to time. It has been adjourned on at least 7 occasions.

4.

Learned counsel for respondent no.2 is denying all adverse allegations.

5.

The petitioner has not made any representation to Union of India before approaching this Court. Petitioner has also not taken up the cause at the earliest and expeditiously.

6.

We in this situation, direct respondent no.1 to look into the grievance made in this petition through its competent authority within a period of eight weeks from today. If necessary, opportunity of hearing shall be extended to the petitioner as also respondent no.2.

7.

With these directions, we dispose of the Public Interest Litigation. No costs.

JUDGE JUDGE Rgd.