Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 8783 (JHR)

THE CENTRAL COALFIELD LIMITED THROUGH ITS MANAGING DIRECTOR v. DHIRAJ KUMAR MISHRA

LPA/157/2024 · 2025-03-25

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1 of 2- IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 157 of 2024 1. The Central Coalfields Limited, through its Managing Director, office at Darbhanga House, P.O- Kanke, P.S-Gonda, Dist- Ranchi, Jharkhand and also through its H.O.D. (Legal) Sri Jobe V.P., aged about 53 years, S/o. Late V.V. Philip, residing at 396/B, Road No.4-C, Ashok Nagar, PO -Doranda, PS- Argora, District - Ranchi (Jharkhand), who is also representing the other appellants herein. 2. Director Personnel, Central Coalfields Limited, office at Darbhanga House, P.O- Kanke, P.S- Gonda, Dist- Ranchi, Jharkhand 3. General Manager (P&IR), Central Coalfields Limited, Darbhanga House, P.O- Kanke, P.S- Gonda, Dist- Ranchi, Jharkhand. 4. General Manager (Land & Revenue, Central Coalfields Limited, office at Darbhanga House, P.O- Kanke, P.S-Gonda, Dist- Ranchi, Jharkhand. 5. General Manager, Bokaro & Kargali, Central Coalfields Limited, office at Kargali, P.O & P.S- Bermo, Dist- Bokaro, Jharkhand. 6. Project Officer, DR & RD, Kargali, Central Coalfields Limited, Office at Kargali, P.O & P.S- Bermo, Dist-Bokaro, Jharkhand. ……… Respondents/Appellants Versus 1. Dhiraj Kumar Mishra and another, aged about 29 years, S/o. Biranchi Mishra, R/o- Vill & P.O- Pichhari, P.S- Peterwar, Dist-Bokaro, Jharkhand. 2. Biranchi Mishra, aged about 74 years, S/o- Late Vanshi Mishra, R/o- Vill & P.O- Pichhari, P.S- Peterwar, Dist-Bokaro Jharkhand. ……… Writ Petitioners/Respondents CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Appellants: Mr. Amit Kumar Das, Advocate Mrs. Swati Shalini, Advocate For the Respondents: Mr. Dhananjay Kumar Pathak, Advocate --------- 08/Dated: 25.03.2025 M. S. Ramachandra Rao, C.J. (Oral) 1. This appeal is preferred against the judgment dt. 28.11.2023 passed in W.P.(C) No. 3870 of 2022 of the learned Single Judge. -2 of 2- 2. The respondents’ land had been acquired under the Coal Bearing Areas (Acquisition and Development) Act, 1957 for the benefit of the appellants in the year 1983. The 1st respondent who was not even born at the time of acquisition, and who was aged 27 years in the year 2022 gave a letter on 29.01.2022 seeking employment under the Rehabilitation and Resettlement Scheme. The said application was rejected on the ground that the land acquired had not been utilized by the appellants. This was challenged by the respondents in the Writ Petition. The learned Single Judge directed the appellants to dispose of the representation of the respondent within eight weeks on the ground that non-utilization of the acquired land cannot be a ground for refusal of employment. 3. Since admittedly for the acquisition of the said land, two other people had already been given employment, and since the acquisition took place in 1983, 40 years back, there is no question of the appellants considering any request for employment by the respondents at this point of time. Therefore, the appeal is allowed and the judgment of the learned Single Judge is set aside. No costs. 4. Pending Interlocutory Application, if any, stands disposed of. (M. S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) APK/VK