BASPATIYA v. THE CHIEF GENERAL MANAGER SOUTH EASTERN COALFIELDS LIMITED
WPC/4304/2025 · 2025-08-11
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38819 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38819 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:40508 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4304 of 2025 Baspatiya W/o Late Nanka Gond, Aged About 61 Years R/o - Village Kaskela, Surajpur, District Surajpur, Chhattisgarh.
... Petitioner versus 1 - The Chief General Manager South Eastern Coalfields Limited Kumda, 7/8 Mines Bishrampur, District - Surajpur, Chhattisgarh. 2 - The Senior Manager, Collery, S.E.C.L., Kumda, Mines, Bishrampur, District Surajpur (C.G.) 3 - The Chief Managing Director, South Eastern Coafields Limited, Seepat Road, Bilaspur (C.G.) 4 - Devnarayan S/o Rambaxh Aged About 55 Years R/o Khonpa P.S. - Bishrampur,chowki - Karnji, Tahsil And District - Surajpur (C.G.)
... Respondents For Petitioner : Mr. Gyan Prakash Shukla, Advocate For Respondents : Mr. Sudhir Kumar Bajpai, Advocate
Hon’ble Shri Justice Arvind Kumar Verma
Order on Board 12.08.2025
1. The present writ petition is filed under Article 226 of the Constitution of India by the petitioner seeking following reliefs:-
“a. That, the Hon’ble Court may kindly be pleased to call for all the concern records pertaining to case of the petitioner land and service records of the respondent no. 4. b. That the Hon’ble Court may kindly be pleased to issue writ of mandamus directing the respondent authorities to proceed with the legislation of the Chhattisgarh Scheduled Castes,
2 Scheduled Tribes and other Backward Classes Act, 2013 and the Chhattisgarh Scheduled Castes, Scheduled Tribes and other Backward Classes (Regulation of Social Status Certification) Rules, 2013 to verify the social status certificate of respondent no. 4 and act as per the law. c. That the Hon’ble Court may kindly be pleased to direct the respondent authorities to decide the pending representations of the petitioner. d.That, the Hon’ble Court may kindly be pleased to direct the respondent authorities to consider the claim of employment in lieu of land acquisition and benefit of employment to the Grand son of the petitioner. e. That, any other relief, which this Hon’ble Court may deemed just and fit in facts and circumstances of the case. ”
2. Learned counsel appearing for the petitioner submits that the petitioner is the actual owner of the land in question situated in Vishrampur, bearing Khasra No. 359/2 B, 33/2, 154, 1986,260,4,42/1, total area 3.061 acre which is acquired by the respondent authority. The land of the petitioner is acquired by the respondent authority and she is left landless nor any one from her family is provided any employment or compensation in lieu of her land. He submits that the petitioner has preferred several complaints to this aspect of fraud being done with her. 3. He further submits that though the filing of writ petition bearing WPS No. 3100 of 2012 the respondent no. 4 call in question the suspension and departmental inquiry and issuance of charge sheet was challenged. That was issued against the respondent no. 4 as per the standing order of the SECL paragraph no. 26.1 and 26.9 that the respondent no. 4 has obtained the employment in SECL by submitting forged adoption deed and forged caste
3 certificate.
He states that even the order clearly states that, the respondent authority will be at liberty to proceed in accordance with law, but till date no action has been taken neither the representation has been decided by the respondent authority. 4. On the other hand, learned counsel for the respondent-State opposed the relief sought by counsel for petitioner. 5. I have heard learned counsel for the respective parties, perused the document available with utmost circumspection. 6. Looking to the above facts and circumstances of the case and considering the overall aspects of the case, the present petition is
disposed of with the direction to the Respondent no. 1 to 3 to decide the representation/complaint made by the petitioner (Annexure P/3) after giving sufficient opportunity of hearing to respondent no. 4 who is the main party to be heard expeditiously and as soon as possible in accordance with law/rules/ regulation.
7. It is pertinent to note that this Court has expressed no opinion on the merits of the case.
8. With the aforesaid direction and observation, the present petition stands disposed of. Certified copy as per rules. sd/- alfiza
(Arvind Kumar Verma)
JUDGE