Serendipity Movers Pvt Ltd v. Coal India Ltd And ORS.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5493/2021, CM APPL. 17029/2021&CM APPL. 48053/2023 SERENDIPITY MOVERS PVT LTD .....Petitioner Through:

Mr. S.S. Pandey, Advocate.

versus COAL INDIA LTD AND ORS.

.....Respondents Through:

Mr. Atmaram N. S. Nadkarni Sr. Adv.

with Dr. Harsh Pathak, Mrs. Shaveta Mahajan, Mr. Mohit Choubey, Mr.

Salvador Santosh Rebello, Ms. Deepti Arya and Mr.

Aditya Nema, Advocates for Coal India Limited.

Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur, Mr. Vivek Sharma, Ms.

Aparajit Verma, Advocates for DGR with Lt. Col.

Abhishek Juyal, DGR, JD (SE).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 07.08.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Article 226 of the Constitution of India seeks the following prayers:

"a) Issue a writ in the nature of Certiorari, or any other appropriate Writ/Order/Direction, thereby quashing the Impugned Letters dated 26.06.2020 and 30.06.2020, and any other unilateral action by Respondent No. 1 or its subsidiary, towards attempting discontinuation of the Schemes;

b) Issue a Writ of Mandamus directing the Respondents to act strictly as per the terms and conditions as applicable in respect of all relevant aspects including the aspect of fleet enhancement as well as consider the grant/sanction of the extension of Sponsorship of Petitioner as and when due in accordance with the applicable The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

clauses of governing MoU;

c) Issue a Writ of Mandamus directing the Respondents to implement and give effect to the object and purpose of the ExServicemen (ESM) Coal Loading and Transportation Scheme, and continue making allocation of coal transportation work to ESM Companies;

d) Issue a Writ of Mandamus directing the Respondents to make a minimum allocation of 32% of coal transportation work of Respondent No.1in allits subsidiaries, includingRespondent No.2, on the basis of past practice, to ESM Cos. and Eligible Persons under the Scheme, including the Petitioner herein; e) Issue a Writ of Mandamus directing the Respondents, that in the absence of any policy for allocation of coal transportation of work to various classes of persons, such policy be formulated expeditiously by giving proper consideration to the rights of the ExServicemen and all other eligible persons under the Scheme; f) Issue a Writ of Mandamus directing Respondent Nos.1and 2 to make further allocations on an ongoing basis to ESM Cos. in terms of the Schemes, including the Petitioner, in priority to other classes of persons;

g) Issue a Writ of Mandamus directing the Respondents to take immediate and expeditious steps towards execution of the revised/new MoU giving effect to the Scheme;

h) Award the costs of the present Petition in favour of the Petitioner and against the Respondents;"

3.

Learned counsel for Directorate General of Resettlement ('DGR'), on instructions of Lt. Col. Abhishek Juyal submits that there is no objection with respect to grant of extension of tenure of the petitioner/company in terms of Memorandum of Understanding dated 12.12.2013. It is further submitted that on a representation made by the petitioner-company for enhancement of fleet as per clause 7 of MoU dated 12.12.2013, the same shall be decided by the competent authority in accordance with the rules. 4.

In view of the above, learned counsel for the petitioner does not wish to press the present petition.

5.

Accordingly, the present petition is not pressed and disposed of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accordingly.

6.

Pending application(s), if any, also stands disposed of. 7.

On the representation being made by the petitioner-company, the same shall be disposed of by the competent authority within a period of 3 months from today.

AMIT SHARMA, J AUGUST 7, 2025/bsr/dj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.