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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. S. SONAK, C.J. RAJESH SHANKAR, J.
M/s Jai Maa Tara Projects, Station Road, Bijulia – Appellant
Versus
Central Coalfields Limited (CCL), through its Chairman-cumManaging Director, Darbhanga – Respondent
W.P.(C) No.363 of 2026
Decided on : 28-01-2026
| Table of Content |
|---|
| 1. coal transport contract awarded to petitioner via tender. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. shortfall from hindrances; fresh tender despite subsisting contract. (Para 7 , 8 , 9 , 10) |
| 3. clauses 6.4(e), 6.6 allow extensions for uncontrollable delays. (Para 11 , 12) |
| 4. fresh tendering during contract arbitrary, violates articles 14,19,21. (Para 13 , 14 , 15) |
| 5. pure contractual disputes not amenable to writ jurisdiction. (Para 16) |
| 6. writ interference in contracts requires arbitrariness or public element. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 7. extensions discretionary; requires written hindrance reporting. (Para 24 , 25 , 26 , 27) |
| 8. no evidence of reported hindrances or best efforts. (Para 28) |
| 9. no proof of irrationality; purely private contractual dispute. (Para 29 , 30) |
| 10. disputes resolvable via contract's arbitration and conciliation. (Para 31) |
| 11. precedent inapplicable without identical facts. (Para 32) |
| 12. writ dismissed; liberty to alternative remedies. (Para 33) |
JUDGMENT :
Rajesh Shankar, J.
1. The present writ petition has been preferred seeking issuance of direction upon the respondent authorities to grant appropriate extension of time to the petitioner for transportation of the balance contractual quantity of coal, in accordance with Clauses 6.4 and 6.6 of the terms and conditions as mentioned in the Service Level Agreement in connection with NIT No.CCL/GM (CMC)/Dhori/GeM/2024/29 dated 22.07.2024 (hereinafter referred as the said Tender) without imposing any penal consequences.
2. Further prayer has been made for quashing the e-Tender Notice dated 03.12.2025 bearing NIT No.CCL/GM(CMC)/Dhori/GeM/ 2025/35 floated by the Central Coalfields Limited (CCL) insofar as it relates to loading, transportation and spreading of coal forming part of the scope of work already awarded to the petitioner by the said Tender.
3. The learned counsel for the petitioner submits that the CCL issued the said Tender through the Government e-Marketplace (GeM), for "Loading, Transportation and Spreading of total quantity of 43,76,080 metric tonnes of coal by contractor's tipping trucks from the crushed coal point of Feeder Breaker to PF-I and PF-II of Dhori Railway Siding of AADOCM, Dhori Area, for a period of 420 days with an estimated cost of work of Rs.12,42,92,049.81 (inclusive of GST @ 18%).
4. It is further submitted that the petitioner firm participated in the said Tender and emerged as the L-1 bidder. The said Tender was awarded to it being L1 bidder. A formal agreement was executed between the petitioner and the CCL vide Agreement No. GM(D)/SO(M)/Agreement/AADOCM/24-25/256 dated 11.12.2024 having contract value of Rs.8,32,75,673.37 (inclusive of GST @ 18%).
5. It is also submitted that a work order dated 03.01.2025 was issued to the petitioner wherein it was specifically mentioned that the said work was awarded for a period of 420 days commencing from 22.11.2024 to 15.01.2026 and the minimum quantity of coal to be handled by the petitioner would be 10,422 metric tonnes per day.
6. The petitioner firm commenced the work and in order to meet the minimum daily handling requirement stipulated in the Work Order, arranged and deployed the requisite fleet by purchasing vehicles through financial institutions, thereby incurring huge financial liabilities.
7. It is contended that the petitioner was ready and willing to perform its contractual obligations at all times without any default on its part. In fact, the shortfall in the handled quantity of coal occurred due to hindrances wholly beyond the control of the petitioner and in no manner attributable to it.
8. It is also contended that during the period from 22.11.2024 to 30.11.2025, the respondent authorities provided only 14,64,402 metric tonnes of coal for transportation and the balance quantity of 29,11,678 metric tonnes is still to be transported under the subsisting contract.
9. It is argued that instead of granting an appropriate extension of time to the petitioner-firm for completio
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