Judgment:
ORDER
SHEET WP NO.739 OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PORAN SINGH Versus COAL INDIA LIMITED & ORS.……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :
4. h July, 2013.
Mr.P.Ghosh…for petitioner.
Mr.Aloke Banerjee, Mr.N.K.Roy…for respondents.
The Court : The foundation of the case of the writ petitioner is that by a decision dated 7th November, 2000, the General Manager, Mugma area had ruled that his mother, Smt.
Ugni Devi was entitled to the allotment of coal D.O.@ 1600 mt.
per acre of land against her two acres of land.
This order is annexed as Annexure-P/3 at pages 21 to 26 of the writ petition.
This order had been passed by the General Manager further to orders of this Court for consideration of the case of the writ petitioner’s mother, in two earlier writ applications.
The writ petitioner’s mother died on 3rd December, 2003.
He has annexed a genealogical table to show that he is her only heir.
Hence, he is entitled to the benefit of the above order.
The writ petitioner comes to this Court eight years or so after the death of his mother but nevertheless learned counsel cites Eastern Coalfields LTD.versus Dugal Kumar; 2008 SC 3000.
In this case a similar allotment order was enforced by the Hon’ble Supreme Court after ten yeaRs.In view of the above judgment of the Hon’ble Supreme Court, the order of the General Manager dated 7th November, 2000 can be enforced, in my opinion.
But Mr.Banerjee for the respondent Coal Company takes several objections.
The principal objection is, as stated by this respondent in the affidavit in opposition, that the document dated 7th November, 2000 has not been found in the records of the respondent Company.
He argued that the document was forged.
Secondly, he drew the attention of the Court to the verification part of the petition.
The petition appears to have been verified by a constituted attorney.
He argued that there was a lot of “scam”.
regarding coal and such applications should be treated with caution; thirdly, he argued that the entitlement of the petitioner to the benefit of the order of the General Manager dated 7th November, 2000 had to be established.
On a perusal of a copy of the above document annexed by the writ petitioner to the writ petition, it does not, prima facie, appear to be a fabricated document.
But, however, when learned counsel for the respondent Company has raised this plea, the authenticity of the document has to be established.
Furthermore, I am of the opinion that the departmental order dated 7th November, 2000 can be enforced by the heir of the beneficiary of the order.
But in view of Mr.Banerjee’s submission some safeguards have to be taken, although for the time being the statement of the petitioner on oath in the petition that he is the only heir of the writ petitioner, is accepted.
Considering the seriousness of the matter regarding authenticity of the decision dated 7th November, 2000 I direct the Chairman, Eastern Coalfields LTD.to adjudicate himself or by a very senior Officer to be appointed by him, the question of authenticity of this document.
If the document is found to be fabricated, that is the end of the case of the writ petitioner.
In the event the document is found to be genuine, it is to be taken as deemed to be approved by the competent Authority.
Eastern Coalfields LTD.will advertise, at the cost of the writ petitioner that the quantity of coal specified in the above order was being handed over to the petitioner as the heir of Smt.
Ugni Devi.
Such advertisement will be made in two newspapeRs.one English and one Vernacular, having local circulation in the coalfield area.
If there is no objection to the claim of the petitioner, regarding heirship the respondent Company will forthwith carry out the above order dated 7th November, 2000 by delivering the copy to the writ petition within eight weeks of the above determination made by the Chairman or his nominee .
If there is any worthwhile objection regarding heirship in the opinion of the respondent Company, then the allotment of coal in favour of the petitioner will be held up, till resolution of the same by a proper Court.
The Chairman, Eastern Coalfields LTD.or his nominee will make the above decision by a reasoned order upon hearing the petitioner and/or his representative within a period of four months from the date of communication of this order.
This writ application is disposed of by the above order.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.
Pkd.
Asstt.
Registrar [C.R.].P.MUKERJI, J.)