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2025 DAILYLAW 45542 (CHH)

AMRITLAL KASHYAP v. SOUTH EASTERN COALFIELDS LIMITED

WPC/6180/2024 · 2025-01-15

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:2378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6180 of 2024 1 - Amritlal Kashyap S/o Late Shri Rajaram Aged About 42 Years R/o Village Jarhajel, District Korba Chhattisgarh. Present Address Village Khaira (Naila), District Janjgir Champa Chhattisgarh. ... Petitioner(s) versus 1 - South Eastern Coalfields Limited Through Chairman Cum Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur Chhattisgarh. 2 - Director (Personnel) South Eastern Coalfields Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh. 3 - Chief General Manager South Eastern Coalfields Limited, Kusmunda Area, District Korba Chhattisgarh. 4 - Collector Korba, District Korba Chhattisgarh. 5 - Sub Divisional OfÏcer (Revenue) Tehsil Katghora, District Korba Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.15 23:32:22 +0530 2 For Petitioner(s) : Shri Ravindra Sharma, Advocate. For respondent Nos. 1 to 3 : Shri Sanjay Patel, Advocate. For Respondent/State : Shri Rishab Bisen, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 15.01.2025 1. Learned counsel for the petitioner submits that the land of the petitioner has been acquired under the Coal Bearing Act by the respondent Nos. 1 to 3/SECL. The present writ petition has been filed by the petitioner seeking a direction towards the authority to consider the case of the petitioner for grant of employment as per nomination in lieu of his land acquired by the respondents/SECL. 2. Learned counsel for the petitioner submits that in spite of the submission of the application for nomination dated 18.10.2023 to the respondent/SECL and in spite of the communication issued by the Additional Collector certifying the nomination of Amritlal Kashyap the present petitioner, the respondents are not proceeding to grant employment as per the policy of the respondents/SECL. 3. Learned counsel for the SECL on advance copy submits that the application submitted by the petitioner for nomination is incomplete and the same are not supported by the legal heirs of the land owners and as the application filed by the petitioner is incomplete the steps towards for grant of employment is not being taken. 4. I have heard both the counsels for the parties and perused the communication sent by the Additional Collector dated 21.03.2024 3 and the application for nomination submitted by the petitioner on 18.10.2023. 5. It appears from the application that some of the afÏdavit of legal heirs of the land owners has not been annexed with the application, hence it is directed to the petitioner that the afÏdavit as stated by learned counsel for the respondent/SECL be provided to SECL within a period of 15 days from today and the SECL is directed to consider the application of nomination for grant of employment to the petitioner within a period of 30 days in accordance with the policy prevailing in the SECL. 6. With the aforesaid direction, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib