FIRDOSI BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) It is the case of the petitioner that she is the absolute owner of LR plot No.327, J.L No.98, Khatian No.736, Mouza- Kaithi, Police Station-Kankartala in the district of Birbhum measuring about 4.17 acres of land by virtue of registered deed of sale dtd. 27/6/2011. Since then she has been in possess of the said land by way of cultivation and also mutated her name in the LR Record of Rights. Subsequently, the petitioner came to notice few months before the date of filing of the instant writ petition that the Eastern Coalfields Limited, respondent No.2 herein represented by the respondent No.3, 4, 5 and 6 was illegally occupying more or less 3 acres of land of the petitioner and allowed her to cultivate only 1.17 acres of land. It is the case of the petitioner that though the aforesaid land never belonged to the Eastern Coalfields Limited, but the concerned authorities in a most arbitrary and whimsical manner constructed a small structure and, thereafter, started to keep the weigh bridge, which is also inoperative since long. The respondent authorities also started to stag chimni dust over the said land as well as the adjacent vast land occupied by them for keeping their vehicles. It is alleged by the petitioner that the respondent No.2-6 without any permission of the petitioner in a most arbitrary, whimsical and mala fide manner continued their forcible possession/occupation over the personal land of the present petitioner and despite protest, they did not bother to vacate the land in question from their illegal occupation. The petitioner finally sent a demand justice on 28/6/2012 through her learned Advocate with a request either to vacate the freehold land in her favour by removing all unauthorized structure and machineries or in the alternative to acquire the land in a lawful manner paying compensation and award as applicable under the prevalent statute. After receiving demand justice, the Senior Manager (Personal), Pandabeswar Area, Eastern Coalfields Limited sought for a clarification from the Manager of Kankartala Colliery and in reply to such clarification it was stated by the Manager by a Memo dtd. 20/8/2012 that-

(2.) Upon a proceeding under Sec. 144 of the Cr.P.C, the BL and LRO submitted a report to the Executive Magistrate, confirming the petitioner's case that the respondents were in illegal possession of 3 acres of land out of the purchased land of the petitioner and the said land never belonged to Eastern Coalfields Limited. On the other hand, the Eastern Coalfields Limited claimed that the said plot of land was in possession of the company by virtue of the Coal Mines Nationalization Act, 1973. It is the grievance of the petitioner that the respondents have been possessing the said land illegally without lawfully acquiring the same. In view of such circumstances the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the respondent authorities to quit, vacate and deliver peaceful possession of the 3 acres of land in favour of the petitioner in LR plot No.327, Khatian No.736, JL No.98 of Mouza-Kaithi and forthwith restored the said land in favour of the petitioner. The petitioner also claimed damages for illegal possession of land in question.

(3.) The respondent No.2 filed affidavit-in-opposition on 17/12/2017 challenging the maintainability of the instant writ petition. It is further submitted on behalf of the respondents that in the instant writ petition an interim order was passed on 19/8/2014. The said order was challenged in MAT 51 of 2015 before the Division Bench of this Court wherein the Division Bench was pleased to observe that:-