Umesh S/O Hanumantrao Karmore v. Western Coal Fields Ltd. Nagpur Through Chief General Manager And Others

2025:BHC-NAG:12764 34 WP-4296-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.4296 OF 2019 [Shri Umesh S/o. Hanumantrao Karmore ..Vs.. Western Coal Fields Ltd., and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr H. N. Bhondge, Advocate for Petitioner.

Mr A. Kuradkar, Adv. h/f Ms U. A. Patil, Advocate for Respondent No.1. Mr K. Agrawal, Adv. h/f Mr J. B. Gandhi, Advocate for Respondent Nos.2 to 5.

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 21 st N OVEMBER , 2025 .

1.

Heard learned counsel for the petitioner.

2.

By way of this petition, the petitioner challenges the order dated 18.02.2019 passed in Compensation Case No.69 of 2015 by the Special Tribunal Nagpur, whereby the application filed by the petitioner came to be dismissed. 3.

The present petitioner filed an application before the Special Tribunal pointing out that there was an agreement between the petitioner and the respondents dated 15.05.2013, which was not forwarded by the respondents. The Tribunal, while considering the provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1957, recorded a finding that it does not have jurisdiction to entertain the said dispute. It was observed that the applicant, i.e., the petitioner, must approach the Competent Court, and therefore, the application was rejected for want of jurisdiction. The learned counsel for

34 WP-4296-2019 the petitioner has not demonstrated that the Tribunal has jurisdiction under the Act referred supra. Therefore, I do not find any reason to interfere with the order dated 18.02.2019 passed in Compensation Case No.69 of 2015 by the Special Tribunal, Nagpur. Hence, the petition is dismissed.

4.

The petitioner is at liberty to avail an alternate and equally efficacious remedy as available under the law. (SIDDHESHWAR S. THOMBRE, J.) TAMBE