Hareshbhai Vinubhai Patel v. Eastern Coalfields Ltd And ORS

Item No.1 08.07.2024 Court. No. 9 GB W.P.A. 9307 of 2022 Hareshbhai Vinubhai Patel Vs.

Eastern Coalfields Limited & Ors.

Mr. Pritam Majumdar, Mr. Rahul Deb Goenka, Mr. Mainak Singha Barma, Ms. Satabdi Das ... for the Petitioner.

Mr. Syed Nurul Arefin, Ms. Rashmi Binayak ... for the ECL Authorities.

The petitioner claimed that Eastern Coalfields Limited has been in possession of the petitioner's premises since 1968. Earlier, Kapasara Colliery Limited used the property, thereafter ECL took over the property forcefully. The learned advocate for the ECL raises the question of jurisdiction and also submits that the property was purchased by the ECL.

The property is situated in Jharkhand and all the respondents are within the jurisdiction of Jharkhand and the cause of action is non-payment of alleged rents in respect of the property at Jharkhand. Thus, the writ petition is not maintainable before the Calcutta High Court.

Accordingly, the writ petition is dismissed.

However, there will be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)