1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO 2649 OF 2011. Prashant Deepak Taksande. .Vrs. The Chief General Manager,Western Coal fields Limited,Post Sasti,Chandrapur and Others ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 15.06.2011 Heard Mr.Bhoskar,learned Counsel for Petitioner and Mr. Mehadiya,learned Counsel for respondents. The land acquired, on the basis of which employment is being claimed, had vested with respondent on 27.05.2002 i.e. the date on which the notification under Section 9(1) of Coal Bearing (Acquisition and Development) Act,1957 was published. The present Petitioner has obtained a 2 Will in relation to that land executed on 15.02.2005 and claiming to be owner thereof, applied for grant of employment after the death of testator on 12.10.2005. By impugned communication dated 21.05.2010 the respondents declined to provide employment by pointing out that on 15.02.2005 the testator was not the owner of that land. Mr. Bhoskar, learned Counsel contends that ownership on 15.02.2005 is not a relevant norm for consideration here. He states that land was admittedly belonging to testator on the date of notification and hence the testator was entitled to other benefits, and said benefits are therefore conferred upon present Petitioner by the Will. According to Mr. Mehadiya, learned Counsel, the property bequeathed itself was not in existence on the date of execution of Will and therefore that Will is of no assistance to present petitioner. The fact on record clearly shows that after publication of Section 9(1) notification on 3 27.05.2002 testator lost any right to bequeath it to anybody. Respondent's impugned decision, therefore, is neither arbitrary nor unjustified. We do not find any merit in this Petition, hence it is rejected. No costs. JUDGE JUDGE scd//