Rajkumari Vishwakarma D/O Kadmi ... vs Union Of India
2023 Latest Caselaw 6017 MP

                                                         1
                             IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 13 th OF APRIL, 2023
                                             MISC. PETITION No. 4190 of 2022

                            BETWEEN:-
                            1.

RAJKUMARI VISHWAKARMA D/O KADMI VISHWAKARMA (MOTHER) W/O RAMSUNDAR VISHWAKARMA, AGED ABOUT 38 YEARS, OCCUPATION: HOUSE WIFE VILLAGE DHOTI TAHSIL AND DISTRICT SINGRAULI M.P. (MADHYA PRADESH)

2. KESHPAT D/O KADMI VISHWAKARMA (MOTHER) W/O AATMARAM VISHWAKARMA, AGED ABOUT 46 YEARS, OCCUPATION: HOUSE WIFE R/O VILLAGE DHOTI, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

3. RAMESH KUMAR S/O SUKHLAL VISHWAKARMA AND KADMI VISHWAKARMA, AGED ABOUT 47 YE A R S , OCCUPATION: PRIVATE WORK R/O VILLAGE LURI, POST PODI NAUGAI, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

4. SMT. UTTAL D/O LATE DADU VISHWAKARMA W/O KUNJLAL VISHWAKARMA, AGED ABOUT 53 YEARS, OCCUPATION: HOUSE WIFE R/O VILLAGE BHAMOURA, POLICE STATION AND TAHSIL MADA, DISTRICT SINGRAULI (MADHYA PRADESH)

5. BITTAN D/O LATE DADU VISHWAKARMA W/O TRILOK VISHWAKARMA, AGED ABOUT 63 YEARS, OCCUPATION: HOUSE WIFE R/O VILLAGE PRATAPPURA, TAHSIL MADA, DISTRICT SINGRAULI (MADHYA PRADESH)

6. CHHOTELAL VISHWAKARMA S/O KEDARNATH VISHWAKARMA, AGED ABOUT 46 YEARS, OCCUPATION: ARICULTURE R/O VILLAGE NAVANAGAR, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

.....PETITIONERS Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 4/18/2023 12:59:10 PM

(BY SHRI SUNDARAM SINGH, ADVOCATE)

AND

1. UNION OF INDIA THROUGH THE NORTHERN COALFIELDS LIMITED DISTRICT SINGRAULI M.P. (MADHYA PRADESH)

2. TEJBALI S/O VISHVANATH R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

3. RAJBALI S/O VISHVANATH R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

4. MANGALDEEN VISHWAKARMA S/O SHIVSAHAY R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

5. RAMJI VISHWAKARMA S/O SHIVSAHAY R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

6. MOTILAL VISHWAKARMA S/O LATE SHIVSAHAY R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

7. SHEETAL PRASAD S/O LATE DADU R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

8. GUDIYA D/O SHEETAL PRASAD VISHWAKARMA R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

9. KUMARI BIBUA D/O SHEETAL PRASAD VISHWAKAR M A R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

10. REETA KUMARI D/O SHEETAL PRASAD VISHWAKAR M A R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 4/18/2023 12:59:10 PM

11. JAGJIVAN LAL S/O KEDARNATH VISHWAKARMA, AGED ABOUT 52 YEARS, R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

12. RAMNARAYAN VISHWAKARMA S/O JHARIHAR VISHWAKARMA, AGED ABOUT 51 YEARS, R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

13. RADHESHYAM VISHWAKARMA S/O RAMPRASAD VISHWAKARMA, AGED ABOUT 30 YEARS, R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

14. BRIJESH KUMAR S/O RAJNATH VISHWAKARMA, AGED ABOUT 43 YEARS, R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

15. SMT. RUKAN DEVI W/O DAN BAHADUR VISHWAKARMA, AGED ABOUT 39 YEARS, R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

16. BHAGIRATHI VISHWAKARMA S/O LATE HANSU VISHWAKAR M A R/O VILLAGE NAVANAGAR, POLICE STATION BAIDAN, TAHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI GREESHM JAIN, ADVOCATE)

This petition coming on for admission this day, th e court passed the following:

ORDER In the identical matter being M.P No.4189/2022, coordinate Bench of this Court has passed the following order:-

"T h e petitioners have filed this petition assailing the order dated 24.08.2022 passed by Part Time Tribunal under the Coal Bearing Area (Acquisition and Development Act, 1957, Singrauli, District Singrauli, M.P.. Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 4/18/2023 12:59:10 PM

Learned counsel for the petitioners contends that a claim petition under Section 18 of the Coal Bearing Area (Acquisition and Development) Act, 1957 is pending before the Tribunal in which the present petitioners filed an application under Order 1 Rule 10 of C.P.C. submitting interalia that, there is a judgment and decree dated 20.10.2010 in Civil Suit No.192-A-1998, on the basis of which, the present petitioners who are grand sons of the erstwhile owner Dadu, have their respective shares in the property in question.

Learned counsel submits that by virtue of the decree, the petitioners have interest in the property in question and therefore, their impleadment was necessary for the proper adjudication of the matter.

Heard submission of the learned counsel for the petitioners. This Court is of the considered view that in operative paragraph of the impugned order, the Tribunal has protected the interest of the present petitioners, while observing that the compensation which is admissible to late Dadu shall be deposited in the Tribunal and the liberty shall be extended to the legal heirs to seek declaration in their favour by approaching competent Civil Court, therefore, has rejected the application.

In the considered view of this Court, since the interest of the petitioners have already been taken note of by the Tribunal, thus, no interference is warranted so far as the present petition is concerned, accordingly, the writ petition stands dismissed."

2. The present petition is identical to the M.P. No.4189/2022, therefore, the same is also disposed off in view of the aforesaid order passed by the Court in M.P. No. 4189/2022.

3. Interim application(s), if any, shall stand disposed off.

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 4/18/2023 12:59:10 PM

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 4/18/2023 12:59:10 PM