UTTAM KUMAR MANDAL Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) HEARD learned counsel for the parties. Although, time was granted in the subject matter of 2007 to the respondent to file counter affidavit, but no counter affidavit has yet been filed.

(2.) COUNSEL for the petitioner, however, submits that the respondents may be directed to consider the representation of the petitioner and dispose it of in terms of direction passed in the case of similarly situated persons by this Court in W. P. (C) No. 2917 of 2001 and W. P. (C) No. 5549 of 2003 as according to the petitioner, they are co-sharer of the petitioner. The grievance of the petitioner in the present writ petition is that 11.5 acres of land belonging to the petitioner, was acquired by notification dated 03.09.1985 under Section 7(1) of the Coal Bearing Area (Acquisition and Development) Act,1957 (Annexure-4), but compensation and employment in lieu thereof has not been granted. The petitioner claims himself to be the descendant of Dukhlal Mandal, who was recorded tenant of various plots of land comprising within Village-Chalkari, District-Bokaro. The genealogy has been reproduced in para-7 to the writ petition. It is further submitted that pursuant to the decree in partition suit being Partition Suit No. 20/24 of 1938-39 between the heirs of Dukhlal Mandal and other co-sharers namely Radha Mohan Mandal, all the three sons of Dukhlal Mandal were alloted an area of 11.5 acres land approximately. Uttam Mandal (Petitioner) is the son of Narsingh Mandal and grand son of Dukhlal Mandal.