The main legal point established in the judgment is the application of the principle of delay and laches in exercising the power conferred under Article 226 of the Constitution of India.

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 6174 of 2022:

1. This interlocutory application has been filed for condoning the delay of 23 days, which has occurred in preferring this appeal.

2. No counter affidavit to the delay condonation application has been filed.

3. Heard the parties.

4. Having heard the learned counsel for the appellants and considering the statements made in this application, we are of the view that the appellant was prevented from sufficient cause in preferring this appeal within time.

5. Accordingly, this interlocutory application is allowed and the delay of 23 days in preferring this appeal, is hereby condoned.

6. With the consent of the parties, the matter has been heard at this stage for final disposal.

L.P.A. No. 270 of 2022:

7. This intra court appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 14.02.2022 passed by learned Single Judge of this Court in W.P.(S) No. 1566 of 2017, whereby and whereunder, direction was sought for upon the respondents to consider the case of the writ petitioner no.1 to 6 and 8 who are the legal heirs of the displaced persons whose lands have been acquired by the Central Coalfields Limited under the provision of Coal Bearing Areas (Acquisition & Development) Act, 1957, hereinafter referred to as the Act, 1957, has been declined to be interfered with.

8. The brief facts of the case as per the pleading made in the writ petitions required to be enumerated, read as under:

One Budhu Manjhi was the recorded of the lands of Khata No. 10 Plot Nos. 140, 141, 170, 175, 184, 192, 283 to 286, 290 to 293, 301, 302, 306, 307, 308, 310, 311, 312, 329, 330, 331, 333, 343, 344, 345, 347, 416, 417, 418, 539, 541, 542, 675, 689, 693, 697, 702, 703, 727, 728 & 729 measuring 22.41 acres appertaining to village-Urimari, P.S. Barkagaon, Thana No. 155, District-Hazaribagh.

Thereafter, Budhu Manjhi died leaving behind Jora Manjhi who also died leaving behind two sons, Khara Manjhi and Chopan Manjhi. All the writ-petitioners are the descendants and legal heirs of Khara Manjhi, whereas the said Chopan Manjhi died issueless.

It is further the case of the petitioners that the entire lands measuring 22.41 acres was acquired by the respondents in 1975 and against the said acquisition, Chopan Manjhi, one of the son of Jora Manjhi was provided employment by the respondents in the year, 1982 under Land Looser Scheme. Though an employment was given by the respondents to Chopan Manjhi being one of the co-sharers of the land acquired, no employment was provided to any other descendant of the recorded tenant Budhu Manjhi.

As per the Scheme, one employment was to be provided to one family member against the acquisition of 3 acres of land, but employment was given to only one of the family members i.e. Chopan Manjhi, whereas, they were entitled for six employment against the remaining 19.41 acres of acquired land. Accordingly, the writ-petitioners represented several times before the respondents for employment as the writ-petitioners were entitled for employment against the acquisition of land belonging to common ancestor under the provisions of the Act, but the respondents have provided the same.

9. The writ-petitioner being aggrieved with the same, have approached to this Court by filing writ petition being W.P.(S) No. 1566 of 2017 seeking direction upon the respondents to provide appointment on the ground of the land having been acquired which was owned by their ancestors.

10. Learned Single Judge, while hearing the matter has declined to pass any positive direction on the ground that the writ-petitioners have approached to this Court after lapse of about 42 years from the date of acquisition, which is the subject matter of the instant appeal.

11. Mr. Om Prakash Prasad, learned counsel for the appellants-writ petitioners has assailed the order passed by the learned Single Judge on the ground that the land since has been acquired by the CCL and they have also come out with the scheme to