Page No.1 of 3 IN MA-60-2025 2025:CGHC:40391-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 60 of 2025 Soharsay S/o Late Bhaktu Aged About 61 Years R/o Village Sons, Police Station Khadgawan, Tahsil Chirmiri, District Manendragarh- Chirmiri-Bharatpur (Mcb) (C.G.) ... Appellant Versus 1 - South Eastern Coalfields Limited Headquarter Sipat Road Bilaspur, Through Its General Manager, Secl Bhatgaon Area, Post Bhatgaon, Distt. Surajpur (C.G.) 2 - Shri Rajnath S/o Late Moharsay Aged About 34 Years Village Jagannathpur, Post Dharampur, Tahsil Pratappur, Distt. Surajpur (C.G.) 3 - Smt. Kanti Devi W/o Akalsay Aged About 45 Years Village Jagannathpur, Post Dharampur, Tahsil Pratappur, Distt. Surajpur (C.G.) 4 - Munni Bai W/o Late Amarsay Aged About 46 Years Village Jagannathpur,police Station And Tahsil Pratappur, Distt. Surajpur (C.G.) 5 - Khelsay S/o Late Amarsay Aged About 17 Years Village Jagannathpur,police Station And Tahsil Pratappur, Distt. Surajpur (C.G.). Through His Mother- Munni Bai (Respondent No. 4) ... Respondents [Cause-title taken from Case Information System (CIS)] ----------------------------------------------------------------------------------------------- For Appellant : Mr. Kishore Narayan, Advocate For Respondent No.1 : Mr. Vaibhav Kartikeya, Advocate ----------------------------------------------------------------------------------------------- Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Deepak Kumar Tiwari SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MA-60-2025 Judgment on Board (12.08.2025) Sanjay K. Agrawal, J (1) In this appeal filed under Section 20(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short the “Act of 1957”), the appellant is calling in question the legality, validity and correctness of the impugned order dated 20.02.2025, passed by the learned District & Sessions Judge-cum-Part Time Tribunal, Coal Bearing Areas (A&D) Act, Bilaspur (CG) [for short the “tribunal”] in PTT Case No.61/2018 (South Eastern Coalfields Limited v. Shri Rajnath and another), by which the application filed by the appellant herein under Order 1 Rule 10 of the Code of Civil Procedure (CPC) has been rejected finding not merit. (2) Mr. Kishore Narayan, learned counsel appearing for the appellant would submit that the learned Tribunal is absolutely unjustified in rejecting the application of the appellant filed under Order 1 Rule 10 of CPC by recording findings which are perverse to the record. As such, the same is liable to be set aside and the present appeal deserves to be allowed. (3) On the other hand, learned counsel appearing for the respondent would support the impugned order and prays for dismissal of this appeal. (4) We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record Page No.3 of 3 IN MA-60-2025 with utmost circumspection. (5) In the case at hand, in a proceeding initiated under Section 14 (2) of the Act of 1957, the appellant herein filed an application to implead him as a party on the ground that he has right and interest over the amount so deposited and, therefore, he be impleaded as party in the said proceeding, which the learned tribunal has rejected by recording a finding that question of right, interest and title over the suit property has already been adjudicated by this Court in Second Appeal No.271 of 2016 (Rajnath v. Smt. Kanti Devi and others) on 04.09.2017 and same has also been upheld by the Supreme Court. In that view of the matter, the learned tribunal has directed that the amount so deposited be paid to Smt. Kanti Devi (respondent No.03 herein). As such, the findings recorded by the learned tribunal in rejecting the application filed under Order1 Rule 10 of CPC by the appellant herein is well merited and same needs no interference by this Court. (6) Accordingly, we do not find any merit in this appeal. It deserves to be and is hereby dismissed. No cost. Sd/- Sd/- (Sanjay K. Agrawal) (Deepak Kumar Tiwari) Judge Judge s@if