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2016 Supreme(Chh) 467

DEEPAK GUPTA, SANJAY K.AGRAWAL
South Eastern Coalfields Limited – Appellant
Versus
Prabhat Kumar Mishra S/o Satya Narayan Mishra – Respondent


Advocates Appeared:
For the Appellants :Shri H.B. Agrawal, Senior Advocate with Shri Shashi Kushwaha, Advocate.
For the Respondent:Shri Ashok Kumar Shukla, Advocate., Shri Y.S. Thakur, Addl. Advocate General.

ORDER JUDGMENT :

1. This case is stark example of how huge Companies can force the poor citizens of the Country to repeatedly approach this Court denying the relief which they are legally entitled to.

2. Both these writ appeals arise out of one judgment and hence, they are being disposed of by this common judgment.

3. The undisputed facts are that the respondent No.1/petitioner - Prabhat Kumar Mishra was owner of land in village Rajgamar in Korba District. It is apparent from the record that his land was occupied by the appellants - South Eastern Coalfields Limited (for brevity, 'the S.E.C.L.') prior to 31.05.1994 as is apparent from letter dated 31.05.1994 issued by the Deputy CME, Sub Area Manager, Rajgamar Colliery, which reads as under:

"South Eastern Coalfields Limited

O/o the Sub Area Manager, Rajgamar Colliery,

P.O. Rajgamar Colliery Dist. Bilaspur (M.P.)

Ref.: SECL: RAJ: SAM; 94:354 Date: 31:05:1994

To,

All Land Hostees of Rajgamar Village

Khasra No.119/4 to 119/9 (0.75 Area)

Ompur, Rajgamar.

Sub.: - Occupation land at Rajmagar Village, Khasra No.119/4 to 119/9 by S.E.C.L.

Dear Sir,

Your land situated at Village Rajgamar, Khasra No.119/4 to 119/9, Area 0.75 Acre has been occupied by S.E.








































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