SATYESHWAR ROY, J.

1. According to the writ petition, the petitioner deals in slurry. He claims to have raiyati land in portions of plots Nos. 3658, 3659, 3680, 4448 and 3456 in village Dugda. There is a coal washery belonging to Bharat Coal Washery (hereinafter to be referred to as the coal washery). The affluent from the coal washery flows through rivulets and settles down in those plots. The petitioner collects the accumulated slurry and converts it into balls/briquettes. Those balls/briquettes are sold in the market as fuel. Slurry is not coal and Bihar Coal Control Order, 1956 (the Order) has no application to the business carried on by the petitioner. The respondents were illegally interfering with the business of the petitioner in slurry which he collects from the aforesaid plots. On these averments mainly, the petitioner prays for a declaration that the slurry is not coal within the meaning of the Order and the respondents be restrained from giving effect to that order and the Essential Commodities Act against the petitioner for dealing in slurry.

2. Counter affidavit has been filed by respondent No. 18 P. K. Agarwalla. In the counter affidavit, it was stated that p