1 2026:CGHC:7876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4520 of 2023 Ajamber Singh Rathiya S/o Mangal Singh, Aged About 37 Years R/o Village Chitapali Post Bojiya, Tahsil Chhal, District : Raigarh, Chhattisgarh. ... Petitioner. versus 1 - South Eastern Coalfields Limited, Through Its Chairman -Cum- Managing Director, Secl Headquarter, Seepat Road, Sarkanda, Bilaspur, District : Bilaspur, Chhattisgarh 2 - The General Manager, (Mines), Secl, Raigarh, District : Raigarh, Chhattisgarh 3 - The Deputy General Manager (Mines), Secl, Chhal Sub-Area, District : Raigarh, Chhattisgarh. 4 - The Collector, Raigarh, District : Raigarh, Chhattisgarh 5 - The Sub - Divisional Officer (Revenue)- Cum-Land Acquisition Officer, Dharamjaigarh, District : Raigarh, Chhattisgarh ... Respondents. For Petitioner : Shri Kamlesh Kumar Pandey, Advocate. For Respondent Nos.1 to 3 -SECL. : Shri Vikram Kumar Dixit appears through V.C. on behalf of Ms. Seema Dixit, Advocates. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.02.17 11:24:51 +0530 2 For State/respondent : Shri Hrishikesh Sharma, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/02/2026 1. This Writ Petition has been filed against the order dated 12.04.2023 passed by the respondent authorities- SECL by which, claim of the petitioner for grant of employment in lieu of acquired land has been rejected. 2. The petitioner has prayed for the following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to call the records of case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned order dated 12.04.2023 (Annexure P/1). 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to re-consider the case of petitioner for grant of employment in lieu of acquired land, as per policy/ guidelines of SECL, in accordance with law, within stipulated time limit, in light of report dated 19.06.2023 forwarded by the respondent no. 5. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be 3 given. 3. Necessary facts of the case are that the petitioner is the recorded owner of land bearing khasra no. 390, 391, 393, 394, 395 total admeasuring area 1.210 hectares situated at Village Laat, P.H.No. 50, Tahsil-Dharamjaigarh, District-Raigarh (C.G.). That, the aforesaid lands are the ancestral lands and vide order dated 14.03.2012 the Tahsildar has ordered for recording the said lands in the name of petitioner in revenue records. Accordingly the said lands have been recorded in the name of petitioner in revenue records. That, it is noteworthy to mention here that the aforesaid subject lands are the ancestral land of petitioner and the same were given to Ghursingh in family partition and Ghursingh died issueless on 24.06.2004 and after the death of Ghursingh, one Nandlal and Jaylal both sons of Tejram filed an application U/s 109, 110 of Chhattisgarh Land Revenue Code, 1959 before the Tahsildar, Chhal for mutation of subject lands and vide order dated 04.02.2005, the Tahsildar has passed order, against which, an appeal was filed before the S.D.O. and vide order dated 26.05.2006, the S.D.O. has remanded the case to the Tahsildar for recording the subject lands in the near relative/ legal representatives of late Ghursingh. That, after hearing the parties, vide order dated 14.03.2012 the Tahsildar has ordered for correction of land records and for recording the said land in the name of Mangal Singh, who is the nephew of late Ghursingh. Accordingly the subject lands were recorded in the name of 4 Mangal Singh and after the death of Mangal Singh, the subject lands have been recorded in the name of petitioner, who is the son of late Mangal Singh. That, the aforesaid lands have been acquired by the SECL and the surface right was given by order dated 11.11.2009 in respect of aforesaid lands of petitioner. There is policy of SECL to provide employment under SECL to the one of family member of land oustee. That, the petitioner has made several requests before the SECL authority for grant of employment in lieu of acquired land, but till date the SECL authorities have not given employment to the petitioner, though the other land oustee have been granted employment in lieu of acquired land. That, being aggrieved by above, the petitioner preferred writ petition bearing Writ Petition (S) No. 7588 of 2022 before the Hon'ble Court and vide order dated 18.11.2022, the Hon'ble Court was kind enough to dispose of the writ petition, directing the respondents to consider the claim of petitioner for grant of employment in lieu of acquired land. Vide impugned order dated 12.04.2023, the. respondent no. 3 has rejected the claim of petitioner for grant of employment in lieu of acquired land, by assigning the reason that the petitioner is not the owner of acquired land bearing khasra no. 391, 394 & 395. That, it is noteworthy to mention here that the Sub-Divisional Officer (Revenue)-Cum-Land Acquisition Officer, Dharamjaigarh, District- Raigarh (respondent no. 5) has also conducted an enquiry in respect of ownership of subject lands and vide letter dated 5 19.06.2023, the respondent no. 5 has sent report to the respondent no. 2 for amending the award, mentioning therein that due to mistake, the subject lands were recorded in the name of Harishchandra son of Gajeram Rathiya, which has been corrected by order dated 14.03.2012 and the petitioner is the recorded owner of the subject lands. Hence this Petition. 4. Learned counsel for the petitioner submits that petitioner is a land oustee and according to the rehabilitation policy of the State Government as well as SECL department, he is required to be given appointment in lieu of land acquired. 5. Learned counsel for the Respondent Nos. 1 to 3 -SECL submits that impugned order has been passed against the petitioner rejecting his claim for grant of employment in lieu of acquired land. However, when the revenue record were corrected, it appears that name of the petitioner found its place in the revenue records in respect of land acquired. Therefore, he submits that they will consider the case of the petitioner for grant of employment in lieu of acquired land as per the policy and guidelines of the State Government as well as department SECL, in accordance with law. 6. I have heard learned counsel for the parties and perused the material available with the petition. 7. Upon perusal of record and after considering the submissions advanced by learned counsel for the parties, this Writ Petition is disposed of at this stage with a direction to the respondent authorities- SECL to consider the case of the petitioner for grant of 6 employment in lieu of acquired land on the basis of subsequent correction of revenue records and if the petitioner is found entitled for employment, necessary orders shall be passed within three months. 8. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash