JUDGMENT

S.N. Variava, J.-This Appeal is against the Judgment of the Calcutta High Court dated 20th March, 1998.

2. Briefly stated the facts are are follows :

In pursuance of the power under Section 3 of the Essential Commodities Act, 1955 the Colliery Control Order was framed. Under Clause 12A of the Colliery Control Order the Central Government could by Notification specify the authorities competent to allot quota of coal to any person or class of persons. Clause 12A further provides that every such authority shall allot coal subject to such instructions as the Central Government may issue from time to time.

3. On 25th June, 1992 the Central Government issued a Notification specifying the Coal Controller as the competent authority to allot coal. On 5th January, 1995 a Circular was issued by the Central Government specifying that Coal India Ltd. would give coal clearances/linkages to the new applicants up to 5,000 tones per month and applications for more than 5,000 tones per month were to be decided by the Ministry of Coal. This Circular also specified that no allocation of coal could be made to private cookeries from any mines that are linked to washeries.

4. It appears that the Re