Shivcharan v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6511 of 2018 Shivcharan S/o Daya Ram Aged About 62 Years R/o Village Barpali, Tahsil Katghora, District Korba, Chhattisgarh. ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through Its Chairman Cum Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh.

2. Deputy General Manager S E C L Kusmunda Area, District Korba, Chhattisgarh.

3. General Manager S E C L Kusmunda Area, District Korba, Chhattisgarh.

4. Staff Officer (Land Revenue) South Eastern Coalfields Limited, Kusmunda Area, District Korba, Chhattisgarh.

5. Collector Korba District Korba, Chhattisgarh. ----Respondents For Petitioner :

Mr. Basant Kaiwartya, Advocate For State :

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

For Respondents No. 2 to 5 :

Mr. V.R. Tiwari, Advocate on behalf of Mr. Sudhir Bajpai, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 03/10/2018

1. The challenge in the present writ petition is to the order Annexure P/1, whereby the claim for the benefits of rehabilitation, particularly employment in lieu of land acquired, has been rejected.

2. The ground for rejection has been only account of the absence of the petitioner and for non-production of the relevant original records.

3. Considering the fact that the rejection has not been done on merits and that the Staff officer (land revenue) had already processed and forwarded the case of the petitioner to the respondents, this Court is of the opinion that ends of justice would meet if the petitioner is permitted to approach the Court of the Collector, Korba for reviving

his claim, which was earlier being processed by the Collector, Korba in respect of his claim, the present writ petition stands dismissed as withdrawn.

4. In case, if the petitioner moves an appropriate application before the Collector, the same may be processed on merits ignoring the delay aspect.

5. The writ petition thus stands dismissed as withdrawn with the aforesaid liberty.

Sd/- (P. Sam Koshy) Judge Ved