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2018 DIGILAW 719 (JHR)

Ranjit Kumar Mahato S/o Rameshwar Mahto v. Bharat Coking Coal Limited

2018-04-03

PRAMATH PATNAIK

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JUDGMENT : PRAMATH PATNAIK, J. 1. In the accompanied writ application, the petitioner has inter-alia prayed for direction upon the respondents to appoint the petitioner on a suitable post in lieu of acquisition of his land in parity with the similarly situated persons. 2. Heard Mr. Ashutosh Anand, learned counsel for the petitioner and Mr. Amit Kumar Sinha, learned counsel for the respondents-BCCL. 3. Learned counsel for the petitioner submitted that the respondents-authorities in order to construct a Township acquired lands of village Karmatand and Dhokra. It has been submitted that though employment to land-losers of village Karmatand was offered but no employment was offered for the inhabitants of village Dhokra, whose lands were acquired for the self same purpose. However, after due deliberations the respondents-authorities principally agreed to give 50 employments to the land-losers of village Dhokra and even 13 persons were given employment. It has further been submitted that 53 decimals of land was also belonging to petitioner's father, hence after due discussions, the father of the petitioner nominated the petitioner for employment, but, when no action was taken he contacted the respondents whereupon, he was advised to submit fresh application along with relevant affidavit. Learned counsel for the petitioner submitted that land-losers having lesser area of land have been provided employment but the petitioner has been subjected to hostile discrimination. 4. After some argument, learned counsel for the petitioner submitted that if the writ petition is disposed of in terms of order dated 24.06.2011 passed in W.P. (S) No. 6446 of 2010 with analogous cases, the grievance of the petitioner shall be redressed. 5. Learned counsel for the respondents submitted that the respondents have already provided one employment in lieu of 1.59 acres of land to Sri Sheo Shankar Mahto under the policy of re-settlement/rehabilitation and the petitioner does not fulfill the criteria laid down in the minutes of meeting held on 19.05.2008 and further since Sri Sheo Shankar Mahto, an awardee of Award no. 40 has already been provided employment, question of further employment does not arise. Learned counsel for the respondents however raised no serious objection if writ petition is disposed of in terms of order dated 24.06.2011 passed in W.P. (S) No. 6446 of 2010 with analogous cases. 6. 40 has already been provided employment, question of further employment does not arise. Learned counsel for the respondents however raised no serious objection if writ petition is disposed of in terms of order dated 24.06.2011 passed in W.P. (S) No. 6446 of 2010 with analogous cases. 6. After hearing learned counsel for the respective parties at length and having bestowed my anxious consideration to the materials available on record, the writ petition is disposed of with liberty to petitioner to file fresh representation annexing all relevant documents in support of his claim before respondent no. 3 - General Manager, Bastacolla Area, within a period of four weeks from receipt of this order, who upon receipt thereof shall consider the claim of the petitioner on the basis of relevant records available with him and decide his claim finally, after affording opportunity of hearing to the petitioner within a period of three months thereafter.