- (1.) 1.This writ petition has been preferred by the petitioner for quashing the letter dated 23.12.2004 (Annexure -14), whereby the petitioners prayer for compensation for the purported acquisition of his lands by the respondents, has been rejected. The petitioner has claimed that he is the owner of the raiyati lands measuring an area of 15.07 acres, situated at Mauza -Jamdahi bearing khata no. 59, plot nos. 1284, 388, 926, 348 and 381 in the district of Dhanbad, which was acquired by the respondent -BCCL, but no compensation for acquisition of the lands has been paid to him. Learned counsel for the petitioner submits that although by letter dated 1st June 2002 (Annexure -3) issued under the signature of the Personnel Manager, Koyla Bhawan, Dhanbad, the petitioners claim was acknowledged and the petitioner was called upon to submit his affidavit along with the relevant documents for consideration of the grant of payment to him by way of compensation against the acquisition of lands. When even after the submission of the affidavit along with all requisite documents, the respondents did not take any decision; the petitioner filed a writ petition before this Court vide W.P. (C) No. 4792 of 2004 and while disposing of the writ petition by order dated 13.9.2004, this Court had directed the
(2.) RESPONDENT -authorities to reconsider the petitioners claim on the basis of the letter issued by the Personnel Manager (Annexure -3) within a period of six weeks from the date of the order. In compliance to the order, the petitioner submitted a fresh representation along with all relevant documents before the concerned authorities of the respondents but by the impugned order (Annexure -14), the respondents have rejected the petitioners claim on the ground that the land does not belong to the petitioner and that the petitioner is not entitled to claim any compensation at all. Referring to Annexure -1, which is a copy of the order passed by the Anchal Adhikari in Revenue Case no. 148 of 1962 -63, by which the land in question was ordered to be entered in the petitioners name in the revenue records and the rent was fixed for the lands, which the petitioner has been paying all along from the date of entry of his name in the revenue records. Learned counsel submits further that the respondent -authorities have not taken into consideration the aforesaid order of the Anchal Adhikari passed in the revenue proceedings nor the rent receipts submitted by the petitioner. Learned counsel further submits that the respondents have tried to mislead by referring to a Khatihan pertaining to the aforesaid plots of lands prepared in the C.S. settlement in 1919. The revenue records which has been prepared in respect of the aforesaid lands (Annexure -16) categorically confirms the entry of the name of the petitioner, declaring him to be the owner thereof. So far as the other issues relating to the dispute concerning the letter issued by the Personnel Manager is concerned, learned counsel submits that the respondents have taken a frivolous and misleading plea that the letter is fake although the letter was issued under the signature of Personal Manager, M/s Bharat Coking Coal Ltd. Counsel for the respondents, while referring to the statements contained in the counter affidavit, submits that upon verification of the revenue records including the Khatihan, it transpires that the lands did not belong to the petitioner and he is not entitled to claim any compensation. Be that as it may, it appears from the rival submissions that the claim advanced by the petitioner of his being the owner of the land in question, has been disputed by the respondents with reference to entries made in the C.S. Khatihan and the other facts. The dispute therefore is apparently a disputed question of fact which this Court cannot look into in exercise of its writ jurisdiction. Considering the aforesaid facts and circumstances, this writ petition is disposed of with liberty to the petitioner to obtain appropriate order from the competent court of law for declaring his right and title over the lands under the reference. With these observations, this writ application is disposed of. Let a copy of this order be handed over to the counsel appearing for the respondents.;