Orissa High Court
Jagabandhu Tajan vs Mahanadi Coal Field Ltd on 21 October, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C). No. 25716 of 2024
Jagabandhu Tajan .... Petitioner
Mr. Dayananda Mohapatra, Advocate
-versus-
Mahanadi Coal Field Ltd., .... Opp. Parties
Sambalpur and Others
Mr. Rabi Narayan Mishra, AGA
Advoc
For O. P. No.6
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 21.10.2024
01. 1. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
2. Heard Mr. Dayananda Mohapatra, learned
Advocate appearing for the Petitioner and Mr. Rabi
Narayan Mishra, learned AGA.
3. This Writ Petition has been filed by the Petitioner
to quash the order dated 09.01.2023 passed by the
Claims Commission in Civil Case No.471 of 2019 and
Civil Case No.435 of 2019.
4. Learned counsel for the Petitioner drew the
attention of this Court to the order passed by this Court
to show that against the order passed by the Claims
Commission, the Writ Petition is maintainable. The
order is taken on record.
5. Mr. Dayananda Mohapatra, learned counsel for
the Petitioner submitted that the Opposite Parties Nos. 7
to 12 except producing legal heir certificate, did not
produce any valid documents to show that their mother
Sumitra Ergal was the daughter of the late Saharu
Tajan. The learned Commission passed the impugned
order without verifying material documents and as such
the order is not sustainable in the eye of law.
6. Issue notice to the Opposite Parties on the
question of admission indicating therein that the matter
shall be disposed of at the stage of admission.
Learned counsel for the State accepts notice on
behalf of all the Opposite Party No.6. One Extra copy
of the brief be served on him in course of this week.
Requisites for issuance of notice to the rest of the
Opposite Parties except Opposite Party No.6 by Speed
Post with proof of delivery shall be filed within a week.
7. List this matter in the week commencing from
04.11.2024.
Counter affidavit, if any, be filed in the meantime
serving copy thereof on the learned counsel for the
Petitioner.
(S. K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
02. 1. Heard.
2. Issue notice as above. Accept one set of process
fee.
3. After hearing of the learned counsel for the
Petitioner so also the learned counsel for the State, it is
ordered that the amount which has been deposited in the
Bank shall not be disbursed in favour of anyone until
further orders.
4. The I.A. is disposed of.
(S. K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
03. 1. Heard.
2. Learned counsel for the Petitioner submits that
since the period of the Commission has not been
extended, the judgment has been kept reserved in the
Hon'ble Supreme Court in Miscellaneous Application
No.2662/2023 in MA No.231/2019 in SLP(C) No.6933
of 2007, he is not in a position to file the certified copy
of the impugned order.
3. In view of the above submission, filing of the
certified copy of the impugned order is exempted for
the time being.
4. The I.A. is disposed of.
(S. K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
AKPradhan/Bijay
Location: HIGH COURT OF ORISSA
