F"1l!':: c r-t° c IN THE HIGH COURT OF JUDICATURE AT BILASPUR fCHHATTISGARH) WRIT PETITION No. 1 ? 60 /2004 PETITIONER !153 RESPONDENTS Dr. Mehmood Nayyar Azam, aged about 52 years, S/o Late Md. Ishaque, by occup.ation Social Worker and Medi.eal Practifioner, R/o West Chirmiri en43tCT5rp8Hdt*l^rt B'ri; Distt Korea (C.G.) VERSUS 1. South Eastern Coal Field Tltrough Chairman cum Managing Director, ^ _^ South Eastem Coal Field Ltd. ^' ^ Seepat Road, Bilaspur. * ^s*[\ ^ ^,^ , •A'h?'^ 2- Chairmancum Managing Director, South Eastern Coal Field Ltd. Seepat Road, Bilaspur. <'''~^*-&^'"' A^ ^' Chief General Manager, SECL, Malviya Nagar, Chirmiri, Post OfKce West Chirmiri, Distt. Korea g^ 4. Supermtendent of Mines, SECL, Chirmiri, Post Office West Chirmiri, Distt. Korea 5. Sub- Area Manager, SECL, West Chirmiri, Distt Korea. p^ 6. The Collector, Rorea. L22'6 A1<TD 22-; 1. 2. 3. WRIT PETITION UNDER ARTICLE 2/6A]<fD 227 OF THE CONSTITUTION OF INDIA Particular of the Petitioner :- As mentioned above in the causetitle. Partieulars of the respondeiits :- J As mentioned ia the cause title. Particulars of the order aeainst which the rietition is II XI-HC-78 mweM^ffW y-cBpr-q I<JK?}<I, u-n1<yi i<s, RriWy'i IL)^ ^ ^- ^I^?T q^m (>jc|[jE|«d) sii^siwrftqra -?aiT3lft»SR*fra? g^:IT<!R^lflar3II^?T 19-9-2005 »>i<iTn41ii!inT^'(St<9 ^l ^sif^Hgir^sf Mr. Parag Kotecha,coiunse|l for the petitioner. br. N.K. 5hukta, 5enior Ai for> respondents No.l to 5. Mr. Sandeep Dubey, @ovt.\ Mr. Vivek Ranjari Tiwar^ Chirmiri. Heard. The petitioner who js a ^ Jvocate with Mr. Sunil Msrsha, Advoca-te AdvocaTe for respondent No.6. , Advocate for Municipal Corporation, ocial worker and medical practitioner at Chirmiri Colliery, Pondi, has pr^ferred This writ petition under Articles 226 & 227 of the Constitution of India. The case. or the petitioi^er is that thepetitioner haspointed out many tllegaiiTies and irregular'iTi^s at various stages and the corruption prevajling in the codl mines dire|i. The petitioner wos also a reporter in various newspapers in the yearjs 1990 to 1998 and he had wrote many articlss about corruption and i!le.9nl coal trafficking in 5ECL. The petitioner had also filed Pjjblic Interest Litjgation against the respondenTauthoritiesregardin^corruption prevailing in the SECL. Tlie petitioner has four children, a SECL school bus. . Doughter' th studying in Class 6T" in bAV F Nayyar is studying In Class 9th I ape studying and they were using the t>f the petitioner Kum, Erum Nayyar is 'ubfic School, Badtogna, Chirmiri; Wquar th Danish Nayyar is studying Class 12 in '^.'S-hs-^t-a^ei^i1- XI-HC-78 \;jn»q'<-<||« )t|,U3l1ia<t(»,(6|]»|<Hy<( Atl-4<'N%1T^ " 10,'5P t -3lT^?Tq^(<^fgETg) aiACTEpTftqW ePIT3II^?ISR»riq!. S^IT?R'(lfSd SIT^ST 2. firfet Lnhiri 1-tigher Secondary School Nayyar is a student of B.A. fir'{ All these schools/collB9es ar petitioner's house. Except the to ttiese schools and •ri'ie SECL the SECL empioyees as weli as has applied for issuance of respondents refused to issue l-1uman Rights Commission also. also disconnected on 8-7-2004. the respohdents be- directed passes of the schoo! bus to the Return has been filed on it has besn dsnied that the ground of malice. The school ths children of its emptoyees, respondents +o extend this fa^ empioyees, jt is always extendef this facility was not extended +[ the childr'en of employees of Th|s it is not possible for the respo^ii schdol tfus <pi<<[c>d1ii!inT^fls<<3'(|u|'^l< ^aif^TW^yr i. Choti Bazanr, Chir'mir; and Kum. Aafpin year in Lahiri Mahdvidyaiaya, Chir'miri. about 10-12 kms. away from ths fECL bus, no o+her tninsport is available tiuthorities were allowing The children of of the private citizens. The petitipner four passes for his chJldren, but the i. The petitioner sent a lett'er to the The petitioner's water connection was |Therefore, a prayer has been made that fro restore water connection and issue tetitioner's chiidren- ^ehalf of respondents No.l to 5 in which bus passes are not bein9 issued on the is maintained by the respondents for and as and when it is possible for the :ilit/ to +he chiidren other than of the on humanitarictn grounds, but this year, any per-son, or any s+udent who are not respondents. The siniple reason js tho.t idents to extend this facility to outsider ;^33^s^'*^^"s:' ] ^ XI-HC-78 \s-pn<-<4i<ti!rt.q,u>-^fi<iis,(6iw<iy<( _._ U,T> f'9.^0^ • ^PR^^m^ ••••••^••"•l-"-t'/-"^-"-"^^ 3Tli?Tfl:I^P^(45thj<sl'ti) 3II^CTOT,R') aaiT3lrt!CTdi*li'b ^ ?!R1TW?flfel 317^81 -f studenta, because ; there are sufflcient even toprovide this fa| Rsply to the rejoinder ha: 17-10-2004 mentioning therein questions in the rejoinder. Th< area. The monagement of West the children belonglng to non-i The 5ECL. The bu^s operated through or nearby thc area o\ showing route and certificate are| I have heard iecrned couni In the firsT instance, abte to showwid establish 1+iatl the crea where the petitioner facility. There is specific rep| private citizens nre not being is| petitioner is residing, for using Company. &r. Shukia, learned Senio+ of •ttse respondent Compony, wh|i to pick up the children of the 5^' road which goes +o the house of <RI<lfo<fll IMnl ^'IS'<9 •<R|'«1'< ^?3rf^»Tgii^?f >nly two-schoot buses, which are not :ility to the children of itsemployees. been filed by respondents No.l to 5 on that the petitioner has raised tvuo petitioner is residing in WestChirmiri ^hirmiri runa only two busestxnd none of ipCL are permitted to use buses run by ^y other sub areas 6f the 5ECL never 90 the petitioner's residence. The map Annexures R-l & R-2. |el for the part'ies. leaj-ned counsel for the petitioner was not |the children of any private ciTizen from |s residina have been extended the bus ^ of the respondents that children of iued any pass from the phce where the the facility of bus of the respondent Advocate, submitted thateven the bus |ch goes to West Chirmiri area in order t.CL employees, nevsr passed through the Itie peti+ioner. :;'' ^^^ w XI-HC-78 ^IH^T^TT^ vsvci-vi<iirt<4;u>-ci1tl<i<», (6|rti'<iy<< .^.^JOl^J. 3n^?TIB^('^fgsns) 3II^?TWR*1 TiaiTaiI^?td>*(i<b STaTW? ^rfSCT sti^v -^- In view of the above, in notollowing the children of ths secondi piace, ihs buses of from the road on which the petitioner has no right To cl^ respondent Company, as the bu^ of 1iie respondent Company. As far os the water sup( deniecl thatany water" supply -•rtie petitioner. An affidavit Senior Personne! Officer, SECLJ individual connection to the North Chirmiri, Doman Hill and| has been given. In ail the lo< supply of water is through publie^ An uffidavit has been fil4 AAunicipat Corporation, Chir'miri, does not supply waTer in the V^ area is controlled and managed b| Moreover, the petitioner respondent Company'is proyif ci+izens. wlas 'CKlfuoll 1!*1C>)"^: fa'cl '((uW^I't ^ait^g.sii^CT tthe firat instancs, the i^sponclents are priv^Te citizens to use their bus services, in •f+ie respondent Compony ars-not passing h|ause of the petitioner exists, and the (im as of right the bus pass of the service is extended only to the children ly is concemed, it has been specifically given by the respondent Company to been filed by Mr. ^jaya Kumar Rath, West Chirmiri Collfery, Chirmiri, that no of West Chirmiri, Koroa Colliery, Kurasia Collieries excepT SECL Cotony, ilities of Municipal Corporatitfn, Chirmiri |taps. \d by Mr. Rakesh Jaiswal, Commissioner, ^hat the AAunicipal Corporation, Chirmiri, fest Chirmm Colliary drea, and Thesaid theSECL. ; |has not been abte to establish that the ing water connection to the private hals hduses XI-HC-78 5*11*1<?SI?^*TT?P d-cq -q l«iCi<^U>3cfl»l<t<»,firil'Hy'i (O.'P. l^^.o/ (3IT^?Tq^(i^fgcl^) 3n^CTmR'ii4> a2IT3lft?T(b*)i* ^DH^ vl- ^^ ^c\ ^! •>-J S^IT8R^rf^f3II^?r -:'s Therefore, iri yiew of -fhe the petitioner's petjtion is devoi dismissedand itis hereby dismis^ Consequently; M.(W.)P.No. disposed of. above facts, I am of the opinion that jl of ony merit, the same is liable to be fey. . " 11763/2004 & I.A.Nos.6384/2004 stand <|)|<lfo<ni*iifnV^'fe^)'(-RK^I'! ^a^igiiiit Sd/- LC.Bhadoo Judge