Bombay High Court
Sunil S/O Tulshiram Bhujade vs M/S Western Coalfield Ltd, Thr. Its ... on 11 February, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:1440-DB
-- 1 -- WP 6365.2022 (J).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6365 OF 2022
Sunil s/o Tulshiram Bhujade
age : 41 years, Occ : Unemployed
R/o Village Kotodi, Taluka Saoner, .. Petitioner
District Nagpur
Versus
1) M/s. Western Coalfield Ltd.,
through its General Manager,
Having Office at Coal Estate,
Civil Lines, Nagpur
.. Respondents
2) Union of India,
through its Secretary for
Ministry of Coal,
Shastri Bhawan, New Delhi 110 001
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Mr. Subhash Kalbande, Advocate for petitioner.
Ms. Preeti Rane, Advocate for respondent No.1.
Mr. C.J.Dhumne, Advocate for respondent No.2.
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CORAM : AVINASH G. GHAROTE AND
ABHAY J. MANTRI, JJ.
DATED : FEBRUARY 11, 2025
ORAL JUDGMENT (Per : Avinash G. Gharote, J.)
Heard. Rule. Rule made returnable forthwith. Ms.Rane,
learned counsel waives notice for respondent No.1 and Mr.Dhumne,
learned counsel waives notice for respondent No.2.
PAGE 1 OF 3
-- 2 -- WP 6365.2022 (J).doc
(2) The only relief claimed in the petition is, the
consideration of the petitioner whose land bearing Survey No.30,
situated at village Kotodi, Taluka Savoner, District Nagpur was acquired
by respondent No.1, be considered for grant of employment in terms of
R and R Policy 2012 of the respondent No.1.
(3) In view of the judgment in R.C.S.No.34/2019 Sunil
Tulshiram Bhujade vs. Manoram Lambase and another decided
on 19/01/2021 (page 24) and the Award 28/10/2021 passed by the
Special Tribunal constituted under Section 14(2) of the Coal Bearing
Areas and (Acquisition and Development) Act, 1957, it can no longer
be in dispute that the petitioner is the owner of the land bearing
Survey No.30 admeasuring 0.28 HR. Para 16 of the petition,
specifically indicates employment being granted to one Amol Kailash
Bhujade owner of Survey No.46 admeasuring 0.08 HR and Gajanan
Haribhau Bhujade owner of Survey No.28 admeasuring 0.27 HR, this
position has not been disputed by the respondent No.1, which is
indicated from its reply (para 19 page 38).
(4) We therefore, do not see any reason, since there is no
dispute regarding the ownership of land bearing Survey No.30 by the
petitioner, as indicated above, as to why the claim of the petitioner for
grant of employment ought not to be considered by the respondent
PAGE 2 OF 3
-- 3 -- WP 6365.2022 (J).doc
No.1 in terms of the R and R Policy 2012, since claims of persons
similarly situated have already been considered.
(5) We therefore, dispose of the petition by directing the
respondent No.1 to consider the claim of the petitioner for grant of
employment, in terms of R and R Policy 2012, if he fulfills the eligibility
criteria for grant of employment. The same shall be done within a
period of four weeks from today. No costs.
Rule is made absolute in the above terms.
[ ABHAY J. MANTRI, J. ] [ AVINASH G. GHAROTE, J.]
KOLHE
Signed by: Mr. Ravikant Kolhe PAGE 3 OF 3
Designation: PA To Honourable Judge
Date: 13/02/2025 13:52:22
