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Tribhuvan Prasad v. South Eastern Coalfields Limited

Chhattisgarh HC6 Apr 2025WPS/6490/2017

Case brief

AI extract

What is this about?

Chhattisgarh HC Bilaspur; WPS 6490/2017; Tribhuvan Prasad v. South Eastern Coalfields Ltd (SECL); land acquisition 1986 in lieu of employment; Survey Nos. 27/6, 27/7, 713/3; 1.63 acres; Village Chainpur, Tehsil Pali, District Korba; Dipka Area; representation to be considered and decided within 120 days; writ petition disposed of 07.04.2025; Justice Rakesh Mohan Pandey; delay/laches objection (petitioner born 27.12.1998) raised but not decided.

What did the court decide?

Liberty reserved to the petitioner to make a representation before Respondents No. 1 to 3; the concerned authorities directed to consider and decide the representation objectively, preferably within 120 days from receipt of a copy of the order. The respondents' delay/laches objection was not adjudicated. ¶32

Tribhuvan Prasad Vs South Eastern Coalfields Limited — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose land was acquired in 1986 in lieu of a promise of employment, may be permitted to make a representation before Respondents No. 1 to 3 regarding provision of employment, and whether those respondents should be directed to consider and decide such representation in an objective and fair manner. +1 more

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Court's answer

Taking into consideration the limited prayer of the petitioner, the writ petition is disposed of, reserving liberty in favour of the petitioner to make a representation before Respondents No. 1 to 3.

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Ratio / Principle

The concerned authorities (Respondents No. 1 to 3) are directed to consider and decide the petitioner's representation in an objective manner, preferably within a period of 120 days from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), WPS No. 6490 of 2017, decided 07.04.2025 by Hon'ble Shri Justice Rakesh Mohan Pandey: Petitioner Tribhuvan Prasad sought employment in lieu of his land (Survey Nos. 27/6, 27/7, 713/3; 1.63 acres, Village Chainpur, Tehsil Pali, District Korba) acquired by South Eastern Coalfields Limited authorities in 1986, contending no employment was provided to him or his family. Respondents objected that the petition, filed after over 30 years, was barred by delay, the petitioner having been born only on 27.12.1998. Without adjudicating the delay objection, the Court disposed of the petition on the limited prayer, reserving liberty to the petitioner to make a representation before Respondents No. 1 to 3 (Chairman-cum-Managing Director SECL; Chief General Manager, SECL Dipka Area; Staff Officer Mining, SECL Dipka Area) and directing them to consider and decide it objectively, preferably within 120 days of receipt of the order.

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Digitally signed by NADIM MOHLE

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2025:CGHC:16228

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 6490 of 2017

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Tribhuvan Prasad S/o Heera Ram, Aged About 40 Years R/o Village Chainpur, Police Station Deepka, District Korba Chhattisgarh., Chhattisgarh

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... Petitioner

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versus

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

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2 - Chief General Manager, S. E. C. L. Dipka Area, District Korba Chhattisgarh., District : Korba, Chhattisgarh

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3 - Staff Officer Mining, S. E. C. L., Dipka Area, District Korba Chhattisgarh., District : Korba, Chhattisgarh

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4 - Sub Divisional Officer, Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh

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5 - Additional Tahsildar Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh

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6 - Collector, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

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... Respondent(s)

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For Petitioner : Mr. SP Sannat, Advocate, holding the brief of Mr. Basant Kaiwartya, Advocate

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For Respondents No. 1 to 3 : Mr. Pankaj Agrawal, Advocate

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For Respondent No. 4 to 6/ State : Mr. Pramod Shrivastava, Deputy Government Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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07.04.2025

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Mr. S.P. Sannat, l earned counsel appearing for the petitioner submits that the land bearing Survey Nos. 27/6, 27/7, and 713/3, admeasuring 1.63 acres, situated at Village Chainpur, Tehsil Pali, District Korba, belong to the petitioner and were acquired by the respondent authorities in the year 1986 in lieu of providing employment. However, till date, neither the petitioner nor his family members has been provided employment. He further submits that the petitioner may be permitted to make a representation before respondents No. 1 to 3, and the said respondents may be directed to consider and decide the same in an objective and fair manner.

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1. On the other hand, learned counsel appearing for the respondents would submit

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that the subject land was acquired in the year 1986, and the present writ petition has been filed after a lapse of more than 30 years without any justification or explanation for the delay. He further contends that the petitioner was born on 27.12.1998, i.e., after the land acquisition, and therefore, no case is made out for grant of any relief in favour of the petitioner. Accordingly, the petition deserves to be dismissed on the ground of delay.

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1. Heard.

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1. Taking into consideration the limited prayer made by learned counsel for the

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petitioner, at this juncture, the present writ petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondents

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No. 1 to 3, and in turn, the concerned authorities are directed to consider and decide the said representation in an objective manner, preferably within a period

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of 120 days from the date of receipt of a copy of this order.

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