RAJESH SHARMA v. M/S BHARAT COKING COAL LIMITED REPRESENTED THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTO
WPC/6816/2024 · 2025-02-06
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 28182 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28182 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6816 of 2024
Rajesh Sharma
….. Petitioner
Versus
1. M/s Bharat Coking Coal Limited, through its Chairman-cum-Managing Director, Dhanbad
2. The General Manager, M/s Bharat Coking Coal Limited, Govindpur Area (Area No.3), Dhanbad
3. The General Manager (Personnel), M/s Bharat Coking Coal Limited, South Govindpur Colliery, Dhanbad
4. The Project Officer, M/s Bharat Coking Coal Limited, Tetuliya Colliery, Dhanbad
….. Respondents
-----
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioner: Mr. A. K. Rashidi For the Respondents: Mr. Amit Kr. Sinha
-----
02/06.02.2025 The present writ petition has been filed for quashing the order as contained in Memo No. BCCL/AR-III/ABG/24/833 dated 23.09.2024 (Annexure-8 to the writ petition) passed by the respondent No.4 as well as for directing the concerned respondents to provide employment and compensation against the damages caused to the petitioner for illegal use of stacking waste material over his land appertaining to Khata No. 38, Plot Nos. 168, 170 & 312; Khata No. 19, Plot Nos. 57, 58, 86 & 201, Mouza-Tetulia, Mouza No. 291, P.S-Katras, District- Dhanbad, measuring total area of 2.33 Decimals.
2. Having heard learned counsel for the parties and considering the factual observation made in the impugned reasoned order dated 23.09.2024 passed by the respondent No.4, the claim of the respondent-BCCL appears to be that the lands in question have vested in it as well as in favour of the then State of Bihar in terms with the provisions as contained in Schedule 1 of the Coking Coal Mines (Nationalisation) Act, 1972 and as per the revisional survey also, the said lands have vested in the respondent-BCCL and the State of Bihar. Such rival factual claims of the parties cannot be adjudicated under the writ jurisdiction of this
Court. The petitioner is however at liberty to take appropriate recourse before the competent Court of civil jurisdiction with respect to the lands in question.
3. The present writ petition is accordingly disposed of with the aforesaid liberty.
Satish/-
(RAJESH SHANKAR, J)