High Court Jharkhand High Court

Sumitra Soren vs Tenughat Vidyut Nigam Limited on 14 July, 2011

Jharkhand High Court
Sumitra Soren vs Tenughat Vidyut Nigam Limited on 14 July, 2011
                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     W. P (S) No. 2863 of 2009
          Sumitra Soren                                           ..... Petitioner
                                            Versus
          Tenughat Vidyut Nigam Limited, through its Managing Director, Bokaro & Others
                                                                  ..... Respondents
                                              -----
                    CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
                                              -----
          For the Petitioner        - Mr. A.K.Rashidi
          For the Respondents       - Mr. A.K.Mehta
                                              -----

2/14.7.2011

In this writ petition, the petitioner has prayed for a direction on the respondents to

provide employment under the scheme of appointment to one family member of the displaced

family, whose land has been acquired for installing Tenughat Thermal Power Plant. It has

been stated that by Resolution No. 519 dated 9.3.1987, Resolution No. 1577 dated 4.5.1989

and other resolutions, the provision was made for giving appointment to one family member of

the displaced family, but in spite of repeated requests and representations, the appointment

has not been given to the petitioner.

A counter affidavit has been filed on behalf of the respondents stating, inter alia, that

three applications have been filed by three different members and there is dispute among the

family members. It is not possible to decide their claim by the respondents and in view of the

said dispute, the Displacement Committee, which is meant for considering such cases, have

passed an order that the petitioner and the other claimants may get their claim decided by a

competent Court of law. It has been submitted that the respondents are ready to offer one

employment to one of the family members of the displaced family, but since there is no

consensus among them, it will be only possible when the petitioner and the other claimants

get their claim decided by a competent Court of law.

Considering the above, this writ petition is disposed of giving liberty to the petitioner to

produce document or any order of the competent Forum to show that he is the only legal heir

of Charan Manjhi. If such document or evidence or any convincing material is placed before

the Displacement Committee of the respondents, the same shall be considered and speaking

order shall be passed on the basis of the materials on record and if so required, after hearing

the petitioner as well as the other claimants.

      S.K                                                              (NARENDRA NATH TIWARI, J)