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2026 DAILYLAW 5907 (JHR)

HARESHBHAI VINUBHAI PATEL v. THE EASTERN COALFIELD LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR

WPC/2290/2026 · 2026-04-08

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:10242 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2290 of 2026 ------ Hareshbhai Vinubhai Patel, son of Late Vinu Bhai Patel, resident of Uttar Sanda, P.O., P.S. & District Kheda, Gujarat. … … Petitioner Versus 1. The Eastern Coalfield Limited, through its Chairman-cum- Managing Director, office at Sanctoria, Desagarh, P.O. & P.S. Desagarh, District Asansol, West Bengal. 2. The General Manager, Eastern Coalfield Limited, Mugma Area, P.O. & P.S. Mugma, District Dhanbad. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sanjay Prasad, Advocate For the Respondent(s): Mr. Rajesh Lala, Advocate ------ 02/ 08.04.2026 Heard learned counsel representing the petitioner and learned counsel representing the respondent – Eastern Coalfields Limited (ECL). 2. In this writ petition, the petitioner has prayed for a direction upon the respondents to consider the representation of the petitioner, by which he had demanded rent from the Eastern Coalfields Limited. He has further prayed that the current rent and the arrear of rent of the premises in question be immediately disbursed to the petitioner in respect of Plot Nos.486 and 499/654, which according to the petitioner have been given on rent to the Eastern Coalfields Limited. He also claims statutory interest over the amount of aforesaid rent. 3. It is the case of the petitioner that the land in question belongs to the petitioner and was taken on rent by the Colliery concerned, for which rent was being accepted. The petitioner in support of his claim, refers to Annexure-1 to this writ petition, which is a rent receipt issued by Kailasben Patel, showing himself to be the owner. 4. After going through the aforesaid rent receipt, I find that the same is of July, 1971. Admittedly, the area is a Colliery. After promulgation of the Coal Mines Nationalisation Act, 1973, the entire 2026:JHHC:10242 2 land, precincts, houses and the property of the Erstwhile Colliery vested with the Central Government and thereafter with the respective Coal Companies. The rent receipt further shows that the tenant is “East Kapasara Colliery”, thus the area was used for the purpose of mines. 5. Considering the provisions of the Coal Mines Nationalisation Act, 1973 and several judgments which also upholds that the property of the Erstwhile Collieries vests with the Central Government; there is no agreement between the petitioner and the respondent – Company, to suggest that the Company has at all taken the land in question on rent, or had paid the amount in lieu of rent to the petitioner at any point of time; further there is also nothing on record to suggest that the respondents have acknowledged and accepted the petitioner as their landlord, I am of the opinion that there is a serious question of right, title and interest and also a question of acquisition of the land in terms of the statutory provisions, which needs to be decided first in this case and which cannot be adjudicated in the instant petition filed under Article 226 of the Constitution of India. 6. 6. With the aforesaid observation, this writ petition stands dismissed. 7. However, the petitioner is at liberty to approach the appropriate Civil Court. (ANANDA SEN, J.) 08th April, 2026 Prashant. Cp-2 Uploaded on 16.04.2026