Bidyanath Alias Baijnath Singh vs Eastern Coalfield'S Limited And ...
2021 Latest Caselaw 885 Cal

03.02.2021.
Item No. 20
                                S.A.T. 380 of 2019
                                       with
               C.A.N. 1 of 2019 (Old No. C.A.N. 10843 of 2019)

                       Bidyanath alias Baijnath Singh
                                      Vs.
                   Eastern Coalfield's Limited and another.



                   Mr. Gopal Chandra Ghosh,
                   Mr. Debasis Sur.
                                          ... for the appellant.




                   The    appeal        is        admitted      on    the    following
              substantial questions of law:
                   (1) Whether the appeal court below was
                         justified in reversing the finding of the
                         trial court that the appellant was a lessee
                         under the defendants/respondents and

without taking recourse in accordance with law it was not open to the defendants/respondents to forcefully evict him?

(2) Whether the appeal court below was justified in reversing the judgment of the trial court holding that suit land has been vested under the Coal Mines (Nationalization) Act, 1973 without any evidence on record in support of the fact that the land in question was ever vested under the said Act and was ever utilized by the relevant Coal Company as 'mines' within the meaning of the Coal Mines (Nationalization) Act, 1973?

Re: C.A.N. 1 of 2019 (Old No. C.A.N. 10843 of 2019)

The appellant is directed to serve the copy of the instant application upon the respondents by speed post and shall file affidavit of service on the returnable date.

Let the instant application be listed after three weeks before the appropriate Bench.

ab                              (Harish Tandon, J.)



                                (Kausik Chanda, J.)