BIMLESH KUMAR SEN v. UNION OF INDIA

Court: High Court of Madhya Pradesh

Judgment date: 2026-01-09

Case summary

High Court of Madhya Pradesh judgment dated 2026-01-09. BIMLESH KUMAR SEN v. UNION OF INDIA. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 10 OF JANUARY, 2023 WRIT PETITION No. 19378 of 2022 BETWEEN:- 1. BIMLESH KUMAR SEN S/O GANESH PRASAD SEN, AGED ABOUT 31 YEARS, R/O WARD NO. 16 RANIGANJ MOHALLA PANNA TEHSIL DISTRICT PANNA (MP) (MADHYA PRADESH) 2. SHIV KUMAR PATEL S/O SHRI NIROTTAM PATEL, AGED ABOUT 29 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 5, PANNA TEHSIL AND DISTRICT PANNA (MADHYA PRADESH) 3. JOLLY AWASTHI S/O SHRI SALIGRAM AWASTHI, AGED ABOUT 21 YEARS, OCCUPATION: UNEMPLOYED RAM GOPALJI WARD, HATA TEHSIL HATA DISTRICT DAMOH (MADHYA PRADESH) 4. SHAILESH KUMAR TRIPATHI S/O SHRI ARUN KUMAR TRIPATHI, AGED ABOUT 27 YEARS, OCCUPATION: UNEMPLOYED GRAM POST KAKRAHATI, TEHSIL DEVENDRANAGAR, DISTRICT PANNA (MADHYA PRADESH) 5. PUSHPENDRA SINGH YADAV S/O SHRI GULAB SINGH YADAV, AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED GRAM DADEKAWARA, POST KUWARPUR, TEHSIL AJAYGARH, DISTRICT PANNA (MADHYA PRADESH) 6.

JEETENDRA KUMAR YADAV S/O SHRI RAMSEVAK YADAV, AGED ABOUT 37 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 15, MADHAVGANJ, AJAYGARH DISTRICT PANNA (MADHYA PRADESH) Signature Not Verified SAN 7. VIKAS KUMAR PANDEY S/O SHRI KRISHNA DUTT PANDEY, AGED ABOUT 35 YEARS, OCCUPATION: Digitally signed by ASHWANI PRAJAPATI Date: 2023. 01. 11 10:29:37 IST UNEMPLOYED WARD NO. 14, MADHAVGANJ, AJAYGARH TEHSIL AJAYGARH DISTRICT PANNA (MADHYA PRADESH) 8. ROOMI PANDEY D/O SHRI JANKI PRASAD, AGED ABOUT 34 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 04, TIKURIYA MOHALLA, PANNA (MADHYA PRADESH) 9. SAKSHI RAIKWAR D/O SHRI RAJESH KUMAR RAIKWAR, AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 12, BENISAGAR MOHALLA, PANNA (MADHYA PRADESH) 10. SAZID KHAN S/O SHRI YUNUSH KHAN, AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED RAJA BABU COLONY, BENISAGAR MOHALLA, PANNA (MADHYA PRADESH) 11. BARKHA GUPTA D/O SHRI GAYA PRASAD GUPTA, AGED ABOUT 44 YEARS, OCCUPATION: UNEMPLOYED WARD NO.

12, BENISAGAR MOHALLA, PANNA (MADHYA PRADESH) 12. DEEPENDRA NAMDEO S/O SHRI PURAN LAL NAMDEO, AGED ABOUT 32 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 05, PANNA (MADHYA PRADESH) 13. SHIVA NIGAM S/O SHRI OM PRAKASH NIGAM, AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 64, SUBHAS WARD, MUDWARA KATNI (MADHYA PRADESH) 14. ROHIT SAHU S/O SHRI RAJ KUMAR SAHU, AGED ABOUT 28 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 15, KATNA MOHALLA, PANNA (MADHYA PRADESH) 15. AKASH DEEP SHRIVASTAVA S/O SHRI SURESH NANDAN SHRIVASTAVA, AGED ABOUT 47 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 20, KISHOREGANJ MOHALLA, PANNA (MADHYA PRADESH) 16. SACHIN SHARMA S/O SHRI MANOJ SHARMA, AGED ABOUT 20 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 07, DHAM MOHALLA, PANNA (MADHYA PRADESH) Signature Not Verified SAN 17. SULABH PANDEY S/O SHRI SUNEEL KUMAR Digitally signed by ASHWANI PRAJAPATI Date: 2023. 01. 11 10:29:37 IST PANDEY, AGED ABOUT 20 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 11, AGRA MOHALLA PANNA (MADHYA PRADESH) 18.

AKHILESH KUMAR PATEL S/O SHRI RAMWARAN PATEL, AGED ABOUT 29 YEARS, OCCUPATION: UNEMPLOYED GRAM KASAWPUR, POST MANIPUR, TEHSIL AJAYGARH (MADHYA PRADESH) 19. REKHA SINGH LODH S/O SHRI CHANDRA PAL LODH, AGED ABOUT 35 YEARS, OCCUPATION: UNEMPLOYED GRAM PUKHRA POST MAKHANPUR, TEHSIL AJAYGARH (MADHYA PRADESH) 20. MANOJ KUMAR YADAV S/O SHRI BETU LAL YADAV, AGED ABOUT 31 YEARS, OCCUPATION: UNEMPLOYED GRAM DWARI POST DWARI, TEHSIL AJAYGARH (MADHYA PRADESH) 21. VISHWA JEET SINGH PARMAR S/O SHRI GYANENDRA SINGH PARMAR, AGED ABOUT 26 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 22, GANDHI CHOWK PANNA (MADHYA PRADESH) 22. MOHAMMAD JYA GAJI KHAN S/O SHRI GAJI KHAN, AGED ABOUT 35 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 14, PANNA (MADHYA PRADESH) 23. ANKITA PANDEY D/O SHRI ASHOK PANDEY, AGED ABOUT 24 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 04, TIKURIYA MOHALLA, PANNA (MADHYA PRADESH) 24. POOJESH KUMAR MAHAJAN S/O SHRI ARVIND MAHAJAN, AGED ABOUT 27 YEARS, OCCUPATION: UNEMPLOYED WARD NO.

10, AGRA MOHALLA PANNA (MADHYA PRADESH) 25. MOHIT MAHAJAN S/O SHRI MAHESH PRASAD MAHAJAN, AGED ABOUT 26 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 10, AGRA MOHALLA PANNA (MADHYA PRADESH) 26. HEMANT MAHAJAN S/O SHRI RAJESH KUMAR MAHAJAN, AGED ABOUT 20 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 10, AGRA MOHALLA PANNA (MADHYA PRADESH) Signature Not Verified SAN 27. SANTWANA VYAS D/O PRABHA SHANKAR, AGED Digitally signed by ASHWANI PRAJAPATI Date: 2023. 01. 11 10:29:37 IST ABOUT 35 YEARS, OCCUPATION: UNEMPLOYED WARD NO. 14, BANISAGAR MOHALLA PANNA (MADHYA PRADESH) 28. SHILPEE PATHAK D/O SHRI SURENDRA PATHAK, AGED ABOUT 36 YEARS, OCCUPATION: UNEMPLOYED BADA BAZAR, PANNA (MADHYA PRADESH) 29. KUNDAN SINGH S/O SHRI CHANDRA PAL SINGH, AGED ABOUT 35 YEARS, OCCUPATION: UNEMPLOYED GRAM MARUTAL POST MARUTAL DISTRICT DAMOH (MADHYA PRADESH) 30.

USHA TRIPATHI D/O SHRI UMA SHANKAR DWIVEDI, AGED ABOUT 38 YEARS, OCCUPATION: UNEMPLOYED R/O VILLAGE DHORHARA, POLICE STATION NAGOD, DISTRICT SATNA (MADHYA PRADESH) 31. YUKTI TIWARI D/O SHRI ASHISH TIWARI, AGED ABOUT 28 YEARS, OCCUPATION: UNEMPLOYED R/O DHAM MOHALLA PANNA, DISTRICT- PANNA (MADHYA PRADESH) 32. SNEHA AGRAWAL D/O SHRI RAMADHAR AGRAWAL, AGED ABOUT 18 YEARS, OCCUPATION: UNEMPLOYED R/O BADA BAZAR WARD NO. 20 PANNA DISTRICT- PANNA (MADHYA PRADESH) 33. PUSHPENDRA KUMAR SHUKLAS S/O SHRI RAMESH PRASAD SHUKLA, AGED ABOUT 34 Y E A R S , OCCUPATION: UNEMPLOYED R/O BANISAGAR MOHALLA PANNA DISTRICT- PANNA (MADHYA PRADESH) 34. MAYANK MISHRA S/O KAMLESH MISHRA, AGED ABOUT 26 YEARS, OCCUPATION: UNEMPLOYED R/O PADMAWATI WARD 07, BEHIND SURESH LODGE DHAM MOHALLA, PANNA (MADHYA PRADESH) 35. DOLI GUPTA W/O MR. DINESH KUMAR GUPTA, AGED ABOUT 34 YEARS, OCCUPATION: UNEMPLOYED R/O VILLAGE PURSOTTAMPUR, PANNA (MADHYA PRADESH) 36.

SANDEEP GUPTA S/O LATE MAHENDRA GUPTA, Signature Not Verified SAN AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED R/O VILLAGE PURSOTTAMPUR, Digitally signed by ASHWANI PRAJAPATI Date: 2023. 01. 11 10:29:37 IST PANNA (MADHYA PRADESH) 37. ANKIT KUSHWAHA S/O GANGA PRASAD KUSHWAHA, AGED ABOUT 21 YEARS, OCCUPATION: UNEMPLOYED R/O NARANGI BAG PURSOTTAM PUR DISTRICT- PANNA (MADHYA PRADESH) 38. YUVRAJ KUSHWAHA S/O RAJESH KUSHWAHA, AGED ABOUT 19 YEARS, OCCUPATION: UNEMPLOYED R/O NARANGI BAG PURSOTTAM PUR DISTRICT- PANNA (MADHYA PRADESH) 39. AMIR KHAN S/O SALIMUDDIN KHAN, AGED ABOUT 21 YEARS, OCCUPATION: UNEMPLOYED R/O DHAM MOHALLA PANNA, DISTRICT- PANNA (MADHYA PRADESH) 40. SUHEL KHAN S/O SALEEMUDIN KHAN, AGED ABOUT 26 YEARS, OCCUPATION: UNEMPLOYED R/O DHAM MOHALLA PANNA, DISTRICT- PANNA (MADHYA PRADESH) 41. SONALI PATHAK D/O JAI NARAYAN PATHAK, AGED ABOUT 21 YEARS, OCCUPATION: UNEMPLOYED R/O DIAMOND CHOWK PANNA (MADHYA PRADESH) 42.

RATNAKAR UPADHYAY S/O KRISHNA KANT UPADHYAY, AGED ABOUT 22 YEARS, OCCUPATION: UNEMPLOYED R/O RANIBAG ROAD PANNA (MADHYA PRADESH) 43. PIYUSH UPADHYAY S/O SHASHI KNAT UPADHYAY, AGED ABOUT 27 YEARS, OCCUPATION: UNEMPLOYED R/O RANI BAG ROAD, PANNA (MADHYA PRADESH) 44. PRAKHAR UPADHYAY S/O SHRIKANT UPADHYAY, AGED ABOUT 18 YEARS, OCCUPATION: UNEMPLOYED R/O RANI BAG ROAD, PANNA (MADHYA PRADESH) 45. SHUBHAM TIWARI S/O SHIV BILAS TIWARI, AGED ABOUT 24 YEARS, OCCUPATION: UNEMPLOYED R/O TIKURIYA MOHALLA WARD NO. 04 PANNA (MADHYA PRADESH) 46. ROHIT PANDEY S/O SHRI PUSPMANI PANDEY, Signature Not Verified SAN AGED ABOUT 26 YEARS, OCCUPATION: UNEMPLOYED R/O GANESH COLONY JABERUA Digitally signed by ASHWANI PRAJAPATI ROAD PINTO PARK MORAR GWALIOR (MADHYA Date: 2023. 01. 11 10:29:37 IST PRADESH) 47. MANISH KUMAR MISHRA S/O SHRI G. P. MISHRA, AGED ABOUT 39 YEARS, OCCUPATION: UNEMPLOYED R/O GRAM POST BAMITHA DISTRICT- CHHATARPUR (MADHYA PRADESH) ..... PETITIONERS (BY SHRI AJAY MISHRA - ADVOCATE) AND 1.

UNION OF INDIA THROUGH PRINCIPAL SECRETARY MINISTRY OF RAILWAYS 256-A RAISINA ROAD RAJPAT AREA CENTRAL SECRETARIAT NEW DELHI (DELHI) 2. RAILWAY BOARD THROUGH MANAGING DIRECTOR 256-A RAISINA ROAD, RAJPATH AREA, CENTRAL SECRETRIAT NEW DELHI 110001 (DELHI) 3. GENERAL MANAGER WEST CENTRAL RAILWAY JABALPUR (MADHYA PRADESH) 4. DIVISIONAL RAILWAY MANAGER D. R. M. OFFICE D. R. M. OFFICE BEGALI COLONY N-2 HABIB GANJ BHOPAL (MADHYA PRADESH) 5. STATE OF MADHYA PRADESH THROUGH CHIEF S E C R E TA R Y MP MANTRALAY, VILKLABH BHAWAN, BHOPAL (MADHYA PRADESH) 6. OFFICE OF COLLECTOR LAND ACQUISITION NEW COLLECTORATE BUILDING, INDRAPURI COLONY, PANNA (MADHYA PRADESH) ..... RESPONDENTS (SHRI HARSHWARDHAN SINGH RAJPUT - ADVOCATE FOR RESPONDENTS NO. 1 TO 4 AND SHRI SHIV KUMAR SHRIVASTAVA - GOVERNMENT ADVOCATE FOR RESPONDENTS NO.

5 & 6) This petition coming on for admission this day, th e court passed the following: ORDER Signature Not Verified SAN Petitioners have filed this writ petition challenging the order dated Digitally signed by ASHWANI PRAJAPATI Date: 2023. 01. 11 10:29:37 IST 11. 11. 2019, contained in (Annx. P/7). By the said order applications of petitioners for grant of employment in lieu of acquisition of their land, were rejected on the ground that policy for grant of appointment in lieu of acquisition of land had come to an end on 11. 11. 2019. Applications of petitioners were received by the concerned respondents. Since no policy is in existence, therefore, applications of petitioners were rejected. Learned counsel for petitioners submits that as per the clarification issued by the President, Railway Recruitment Board, Western Railway, Jabalpur, dated 05. 03. 2021, benefit of employment for acquisition of land is to be given in all such cases where acquisition of land is made prior to 11. 11.

2019. It is submitted that petitioners' case falls under this circular and, therefore, respondents may be directed to reconsider their applications for considering the entitlement of petitioners for grant of appointment. Learned Standing counsel for respondents No. 1 to 4 submits that respondents will consider fresh applications if filed by the petitioners in accordance with the circular dated 05. 03. 2021 and pass a reasonable and speaking order. Considering the aforesaid submissions made by learned counsel for parties, this writ petition filed by the petitioners is disposed of with direction that if petitioners file fresh application before the Competent Authority i. e. respondent No. 3 and 4, then they will consider the applications filed by the petitioners for their entitlement for grant of appointment in lieu of acquisition of land.

Said applications filed by petitioners shall be considered and decided within a period of 60 days from the date of receipt of certified copy of the order being passed today. Signature Not Verified SAN In above terms, writ petition is disposed of. Digitally signed by ASHWANI PRAJAPATI Date: 2023. 01. 11 10:29:37 IST (VIVEK AGARWAL) JUDGE A. Praj. Signature Not VerifiedSignature Not Verified SANSAN Digitally signed by ASHWANI PRAJAPATIDigitally signed by ASHWANI PRAJAPATI Date: 2023. 01. 11 10:29:37 ISTDate: 2023. 01. 11 10:29:37 IST

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.