- (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. It is the contention of the petitioner that Chhutan Mandal son of Bisheshwar Mandal and grand son of Dukhlal Mandal and Senapati Mandal son of Sajeevan Mandal and grand son of Dukhlal Mandal, had earlier moved this Court in the aforesaid writ petitions with a prayer for grant of compensation and employment in lieu of acquisition of their land. It is further submitted that pursuant to the direction granted by this Court in the said writ petitions, the said persons have been granted compensation. Accordingly, the petitioner prays that similar direction may be issued against the respondents to consider the case of the petitioner in accordance with law and grant compensation and employment in lieu of acquisition of his land. Having regard to the aforesaid facts and circumstances, this writ petition is disposed of granting liberty to the petitioner to file a representation before the respondent no. 3, General Manager (Land and Revenue Department), Central Coalfields Ltd., Kargali, Bokaro within a period of three weeks alongwith all necessary facts and supporting documents. Thereafter, the respondent no. 3 shall take a decision within a period of 16 weeks in accordance with law for grant of compensation and employment in lieu of the said acquisition of land, as claimed by the petitioner, by passing a reasoned and speaking order after receipt/production of a copy of this order and the same shall be communicated to the petitioner. However, while considering the case of the petitioner, the respondents shall verify whether any other person has claimed/received the amount of compensation in lieu of land in question or not. If it is found that nobody has claimed or received such amount, the respondents should pay the compensation with interest payable in accordance with law within aforesaid period. Accordingly, this writ petition is disposed of in the aforesaid terms.;