HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 10457/2013

1. L.R. of Late Shri Gopal Ram-

1/1 Roopi Devi W/o Late Shri Gopal Ram R/o Barsinghsar,

Tehsil & District Bikaner (Raj.).

1/ 2 Ram Dayal S/o Late Shri Gopal Ram R/o Barsinghsar,

Tehsil & District Bikaner (Raj.).

1/3 Pushpa D/o Late Shri Gopal Ram R/o Barsinghsar, Tehsil

& District Bikaner (Raj.).

1/ 4 Santu D/o Late Shri Gopal Ram R/o Barsinghsar, Tehsil

& District Bikaner (Raj.).

1/5 Sahi Ram S/o Late Shri Gopal Ram R/o Barsinghsar,

Tehsil & District Bikaner (Raj.).

2. Shrawan Ram Kadwasara S/o Late Shri Gopal Ram, aged 32

years, R/o Ward No.9, Panchani Bass, Barsinghsar, Tehsil &

District, Bikaner (Raj.).

----Petitioner

Versus

1. State of Rajasthan, through District Collector, Bikaner (Raj.).

2. Sub Divisional Officer, Bikaner (Raj.).

3. Neyvedli Lignite Corporation Ltd. Through Director

(Personnel), A Government of India mini enterprises, Registered

office at Neyveli House No.135, Periar EVR High Road, Chennai.

4. Chief Manager (Personnel) & Project Head, Neyvedli Lignite

Corporation Ltd., Barsinghsar Mine & Thermal Power Project,

Barsinghsar, District Bikaner (Raj.).

----Respondent

For Petitioner(s)

:

Mr. Nitin Trivedi

For Respondent(s)

:

Mr. Vineet Jain, Sr. Advocate assisted

by Mr. Pravin Vyas

Mr. Ram Dayal

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/05/2022

The case is listed in the ‘Orders’ category, however, with the

consent of the learned counsel for the parties, the writ petition

itself is taken up for hearing and decided today.

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[CW-10457/2013]

Briefly, the facts giving rise to the writ petition are that for

establishment of a Thermal Power Project in Rajasthan by the

respondent nos.3 and 4, the land acquisition proceedings were

undertaken in village Barsinghsar, District Bikaner and the

acquisition of 10,953 Bighas of land was made. After the land

acquisition proceedings, the award was passed and all those

persons including the petitioner whose lands were acquired, were

granted compensation. In the same process, a Memorandum of

Understanding/Agreement was also entered between the

representatives of the persons whose lands were acquired, the

Officers of the respondent nos.3 and 4 and State officials. As per

Para 9 of this MOU/Agreement, it was decided that at least one

member of the family from each Khata of the land will be provided

employment with respondent nos.3 and 4. The petitioner being

one of the Khatedars was entitled for one person to be employed

from his family. The petitioner being the Khatedar of Khasra No.85

was awarded the compensation as his name reflects in the

Revenue Record as Khatedar Tenant of Khasra No.85. The

petitioner approached the competent authorities of the State

Government and the Sub Divisonal Officer, Bikaner while

recommending his case to the District Collector, Bikaner

mentioned that the petitioner is holding a separate Khata and is

entitled for being considered for grant of employment of one

member of his family. While recommending the case of the

petitioner, the learned SDO mentioned that it is not possible to

increase the number of Khatas. On the same lines, vide letter

dated 03.10.2012, the District Collector had written to the

respondent no.4 for considering the case of the petitioner for

grant of employment to one member of his family. In these

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[CW-10457/2013]

circumstances, when the petitioner was not granted employment

by the respondent nos.3 and 4, the present writ petition has been

filed.

Learned counsel for the petitioner submits that it is an

admitted position that the petitioner has 51 Bighas of land in

Khasra No.85 for which a separate award was passed by the Land

Acquisition Officer. He further submits that as per the Revenue

Records also, the petitioner was shown as K