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2021 Supreme(Jhk) 831

RAJESH SHANKAR
Jharkhand State Mineral Development Corporation Limited – Appellant
Versus
Union of India, through the Secretary, Ministry of Coal, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajiv Ranjan, Mr. Piyush Chitresh, Advocate
For the Respondent:Mr. Rajiv Sinha, Mr. Pratyush Kumar, Ms. Shreesha Sinha, Mr. P.A.S. Pati, Advocate

JUDGMENT :

Rajesh Shankar, J.

The judgment is being pronounced today through virtual mode.

2. The present writ petition has been preferred for quashing letter bearing F.No.103/8/2016/NA dated 11.11.2020 (Annexure-17 to the writ petition) issued by the Additional Secretary to the Government of India-cum-Nominated Authority, Ministry of Coal, New Delhi (respondent no.2) whereby, in purported exercise of power conferred under Clause 24.3.2 of the allotment agreement, it has been decided to terminate the allotment agreement dated 24.08.2016 signed between the respondent no. 2 and the petitioner as well as the allotment order no. 103/08/2016/NA dated 29.09.2016 along with all the amendments/corrigendums issued in respect of Patal East Coal Mine. It has further been directed to treat the aforesaid letter as notice under Clause 24.3.2 of the said agreement and upon completion of 15 business days of the said notice i.e. from 02.12.2020, the aforesaid termination order would be effective. Moreover, the Branch Manager, Union Bank of India, JSMDC Branch, Ranchi (the respondent no. 4) has been requested to treat the said notice as demand and to encash the Bank Guarantee No. 52890IGL0000116 dated

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