4 wp1094.19 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION (CIVIL) NO.1094/2019 Samba s/o Vithu Kapate ..vs.. Western Coal Fields Ltd., thr.its General Manager, majri Area, having its office at Kuchana, tahsil Bhadrawati, District Chandrapur and ors ............................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................... Aditya Satpute, Counsel for the Petitioner. Mrs.M.P.Munshi, Counsel for R-1. Shri H.N.Bhangde, Counsel for R-2 & 3. Shri P.J.Mehta, Counsel for R-5. CORAM : URMILA JOSHI-PHALKE & NIVEDITA P.MEHTA , J J . DATE : 18/04/2026 1. Heard. 2. By this petition, the petitioner is seeking directions to respondent No.1 to terminate employment/service of respondent Nos.2-4 and grant employment to nominee of the petitioner. He is also seeking direction to respondent Nos.2 -4 to part with amount of compensation illegally received and their wages, including backwages. 3. As per contention of the petitioner, father of respondent No.2 and his brother illegally executed will deed in their favour and transferred lands at Bh.175/1, 175/2, 191, and 192 belonging to share of the petitioner and respondent Nos.5 and 6. Respondent No.2 further illegally transferred land at Bh.No.175/1 to respondent No.3. Both these transactions were held null and void by judgment and .....2/- 4 wp1094.19 2 decree dated 9.7.2010 of the lower courts passed in RCS No.37/1999. 4. The judgment and order passed in RCS is challenged in appeal vide RCA NO.45/2010. In the said appeal, the appellate court has passed decree and the appeal is partly allowed and judgment and decree dated 9.7.2010 of the lower courts passed in RCS No.37/1999 is quashed and set aside. It was further directed that plaintiff Nos.1 and 2 and defendant No.6 have half share each in compensation amount received by defendant Nos.1 to 5 towards acquisition of the suit field properties by Central Government under the Coal Bearing Areas (Acquisition and Development) Act, 1957. 5. It is contention of respondent No.1 that they have already granted compensation as well as employment and, therefore, the petition has become infructuous and no directions can be given. 6. In view of the decree in favour of the petitioner, the petitioner is liberty to execute that decree. 7. With these directions, the writ petition is disposed of as infructuous. JUDGE JUDGE !! BrWankhede !! ...../-