JUDGMENT

Sabyasachi Bhattacharyya, J. - The Court:

1. The two writ petitions are taken up for hearing, since the respective challenges pertain to the same action on the part of the respondents and are governed by the same judgments of the Supreme Court.

2. The respective petitioners contend that the Supreme Court, in Ashoka Smokeless Coal India (P) Ltd. and others vs. Union of India and others, (2007) 2 SCC 640 , had declared the scheme of e-auction introduced by the Coal India Limited, governing its subsidiaries including the Eastern Coalfields Limited (respondent no.1) as well, was scrapped as ultra vires Article 14 of the Constitution of India.

3. Subsequently, by its judgment in Eastern Coalfields Limited vs. Tetulia Coke Plant Private Limited and others, (2011) 14 SCC 624 , the Supreme Court, based on the judgment in Ashoka Smokeless (supra), had affirmed the order of a Division Bench of this court, confirming an order of a Single Judge directing refund of the excess amount, received by the respondent no.1 pursuant to auction sale under the e-auction scheme, to the bidder.

4. It is argued that, since the e-auction scheme itself was struck down as ultra vires the Constitution, t