Ravi Shankar Porte v. National Thermal Power Corpo. Ltd And ORS.

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6600 of 2014 Ravi Shankar Porte S/o Shri Bed Ram Porte Aged About 40 Years R/o Village Sirli Post Boida, Tahsil Pali District Korba, Chhattisgarh ---- Petitioner

Versus

1. National Thermal Power Corporation Limited, Through Its General Manager, Ujjawal Nagar, Seepat, District Bilaspur, Chhattisgarh

2. The Senior Manager (HR) National Thermal Power Corporation Limited, Seeapt Super Thermal Project P.O. Ujjawal Nagar Seepat District Bilaspur, Chhattisgarh

3. The Sub Divisional Officer (Revenue), Katghora, District Korba, Chhattisgarh

4. The Tahsildar, Office Of Tahsil Pali, Sub Tahsil Hardi Bazar, District Korba, Chhattisgarh

5. The Patwari Shri Prashant Dubey, Patwari Halka No. 37, Village Sirli, Tahsil Hardi Bazar, District Korba, Chhattisgarh

6. Raghav Singh S/o Shri Shiv Prasad R/o Village Sirli Post Boida, Tahsil Pali, District Korba, Chhattisgarh ---Respondents For Petitioner :

Mr. Yogendra Chaturvedi, Advocate For Respondents No.1 & 2 :

Mr. B.D. Guru, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

For Respondent No.6 :

Mr. Aditya Khare, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 20/06/2018

1. The grievance of the petitioner in the present writ petition is that though he was initially found to be a person who is eligible for employment with N.T.P.C. as his land has been acquired by N.T.P.C. at Seepat, but after undergoing the training programme, the respondent-N.T.P.C. has not issued a formal order of appointment in favour of the petitioner alleging that the total area of land, which was acquired belonging to the petitioner was only 0.44 acre and it had to be more than 1.00 acre of land for the purpose of coming in the priority list for grant of employment.

-22. The contention of the counsel for the petitioner is that he had specifically brought before the authority the details of the khasra number, which was in the name of the father of the petitioner and that the total area measured 1.14 acre and the khasra numbers were 1074/4, 1075/1, 1075/2, 1080/3. He submits that the said property as per the revenue records is still in the name of the father of the petitioner namely Bed Ram Porte, who had received the said property in partition.

3. Given the nature of dispute that has been raised by the petitioner, the whole issue could be resolved, if the respondent No.3 conducts a detailed inquiry in respect of the actual title holder of the said property in respect of the khasra numbers, which have been mentioned in the preceding paragraph. The respondent No.3 after conducting an inquiry based on the revenue records submits a report in this regard the respondents No.1 & 2, who in turn shall thereafter, if it is found in the inquiry that the land acquired of the petitioner was more than one acre, then the respondents shall consider the case of the petitioner for grant of appointment in accordance with the rules, guidelines and the rehabilitation policy that was prevailing at that relevant point of time for grant of employment.

4. Let this exercise be done by the respondent No.3 within a period of 90 days from the date of receipt of the certified copy of this order and thereafter the respondents No.1 & 2 shall also take a prompt decision within a further period of 60 days.

Sd/- (P. Sam Koshy) Judge Ved