Rakesh Kumar Rathor v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1332 of 2015

1. Rakesh Kumar Rathor S/o Late Vijay Kumar Rathor Aged About 36 years Resident Of Village- Mudhali, Post- Mudhali, Tahsil- Katghora, District- Korba, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Revenue Department, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh.

2. The Chief General Manager, South Estarn Coal Field Limited. (S.E.C.L.), Kusmunda Area, District- Korba, Chhattisgarh.

3. The Collector Korba , District- Korba, Chhattisgarh.

4. The S.D.O., Katghora, District- Korba, Chhattisgarh.

5. The Tahsildar, Dipka, District- Korba, Chhattisgarh. ---- Respondents For Petitioners.

: Shri Ashutosh Shukla, Advocate.

For Respondent/State.

: Shri R. K. Gupta, Dy. Advocate General.

For Respondent No. 2.

: Shri Vaibhav Shukla, Advocate.

Order On Board 03/08/2015 Heard.

1.

The petitioner's grievance is that even though part of the land of petitioner has been acquired for SECL, the petitioner has neither received compensation nor any employment under the rehabilitation scheme. After going through the documents placed on record, I find that

various correspondence have been made by the Revenue Authority and there is communication dated 11.5.2012 made to the Chief General Manager of SECL, followed by another communication dated 26.11.2012 by the Sub Divisional Officer. Therefore, at the end of SECL and its authority, the decision is required to be taken as it is an old matter. 2.

The SECL Authority should have settled the dispute by now. In these circumstances, at this stage, this Court is not required to enter into the factual aspects of the enquiry. It is required to be done by the SECL Authority. Respondent no. 2 is directed to take decision on the claim of the petitioner on the basis of material available on record within a period of 90 days from the date of receipt of copy of this Order. A clear decision in writing shall be passed by respondent No. 2 with regard to petitioner's claims. The petitioner may file a fresh representation along with copy of the order passed by this Court.

3.

In case, the grievance of the petitioner is not redressed, the petitioner may take appropriate steps as may be available under the law. 4.

Accordingly, the petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge Amita