Relief in Kedar Nath Yadav only applicable to vulnerable cultivators and not industrial entities

In State of West Bengal v. M/s Santi Ceramics Pvt. Ltd., the Supreme Court allowed the appeal and set aside the Calcutta High Courtโ€™s order directing restoration of 28 bighas of land in Singur to the respondent company, holding that the relief in Kedar Nath Yadav v. State of West Bengal (AIR 2016 SC 4156) applied only to vulnerable cultivators and not to industrial entities that had voluntarily accepted compensation.

The case arose from the 2006 acquisition of land in Hooghly for the TATA Motors โ€œNANO Project.โ€ The respondent company, which had purchased and converted the land for industrial use in 2001โ€“02, objected to the acquisition but accepted full compensation for structures, without challenge. A decade later, following this Courtโ€™s judgment in Kedar Nath Yadav quashing the acquisition and ordering restoration to โ€œlandowners/cultivators,โ€ the respondent sought parity and filed a writ petition for return of its land.

The Single Judge and Division Bench of the Calcutta High Court accepted the plea, reasoning that Kedar Nath Yadav extended equally to all landowners regardless of whether they were cultivators or corporations.

Before the Supreme Court, the State argued that the 2016 judgment in Kedar Nath Yadav was a limited equitable remedy crafted for dispossessed farmers who lacked legal and financial capacity to contest unlawful acquisition, and not a blanket restitution for all parties. It was also contended that the respondentโ€™s acceptance of compensation and inaction for ten years constituted acquiescence and estoppel.

The Court agreed, holding that Kedar Nath Yadavโ€™s relief was socio-legal in nature, directed at remedying structural injustice to โ€œthe weakest sections of society,โ€ i.e., poor cultivators whose livelihood depended on the acquired land. The respondent, being a commercial entity with industrial infrastructure and financial capacity, could not claim benefit from a judgment conceived for agrarian protection.

Further, the Court held that quashing of acquisition in Kedar Nath Yadav operated “in personam” for those who had pursued the challenge, not “in rem” for all affected persons. The respondentโ€™s decade-long silence and voluntary receipt of compensation extinguished any surviving right of restoration. The Court also noted the practical impossibility of restoring land after extensive reallocation to farmers following TATAโ€™s exit.

Accordingly, the appeal was allowed. The High Courtโ€™s orders were quashed, and the respondentโ€™s writ petition was dismissed. The Court, however, permitted the respondent to remove remaining structures or have them auctioned, with the option to receive auction proceeds, directing completion of this process within four months.

Takeaway: Relief in Kedar Nath Yadav was a targeted social protection for dispossessed cultivators, not a universal restitution mechanism. Industrial entities that accepted compensation and remained silent cannot later claim parity or restoration on grounds of equity.

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Patent Drafting and Prosecution Professional at Khurana & Khurana (Multiple Locations)

Patent Drafting and Prosecution Professional opportunities are opening up at Khurana & Khurana (K&K), one of Indiaโ€™s premier full-service law firms. With a robust reputation built over 18 years, K&K invites applications from highly skilled legal and technical professionals for full-time roles in its expanding Patent Drafting and Prosecution practice.

This role is ideal for candidates with a deep interest in patent law, strong analytical abilities, and an aptitude for converting complex technical ideas into well-articulated legal documents. If you’re looking for a high-growth environment where you can work on cutting-edge innovation while advising Fortune 500 clients and tech-driven startups, this opportunity is for you.

About Khurana & Khurana (K&K)

Khurana & Khurana is a full-service law firm offering expert legal services across Intellectual Property (IP), Corporate & Commercial Law, Litigation & Dispute Resolution, Technology Law, Media & Entertainment Law, and Compliance. With a strong presence across multiple Indian cities and growing international collaborations, the firm is known for its commercial acumen, technical depth, and precise legal execution.

K&Kโ€™s Patent and Prosecution Team supports clients ranging from individual inventors to multinational corporations in drafting, prosecuting, and defending their patent rights across Indian and global jurisdictions.

Position Overview

  • Title: Patent Drafting and Prosecution Professional
  • Organization: Khurana & Khurana (K&K)
  • Location: Multiple Offices โ€“ Greater Noida, Delhi, Mumbai, Pune, Chennai, Bangalore, Hyderabad
  • Position Type: Full-time
  • Experience Required: Minimum 3 years in Patent Drafting and Prosecution

Key Responsibilities

As a Patent Drafting and Prosecution Professional, you will be part of a team that delivers strategic, high-quality patent protection services. Your core responsibilities will include:

  • Drafting patent applications aligned with the Indian Patent Act and international protocols
  • Handling complete patent prosecution lifecycle before the Indian Patent Office (IPO), including preparing and filing responses to First Examination Reports (FERs)
  • Representing clients during patent hearings and interacting with patent examiners
  • Interpreting and understanding complex technical subject matter across various domains (mechanical, biotech, chemical, electrical, software, AI, etc.)
  • Assisting with client interactions, providing updates, gathering invention disclosures, and resolving queries
  • Managing docketing systems, keeping track of deadlines, and maintaining detailed case records
  • Participating in internal knowledge-sharing sessions, training junior team members, and contributing to client development initiatives
  • Preparing case studies, white papers, and content for speaking engagements or webinars

This position requires not only technical accuracy and legal insight but also strong communication and interpersonal skills to build long-term client relationships.

Ideal Candidate Profile

To succeed as a Patent Drafting and Prosecution Professional, you should possess the following qualifications and attributes:

Educational Background:

  • Bachelorโ€™s degree in science, engineering, or technology (required)
  • Masterโ€™s degree or Ph.D. in relevant technical fields (preferred)
  • Registered Patent Agent (India) is a strong advantage

Professional Experience:

  • At least 3 years of hands-on experience in patent drafting, specification writing, and prosecution in Indian and/or international jurisdictions
  • Experience in working with various sectors such as biotech, pharmaceuticals, electronics, AI/ML, and mechanical systems
  • Exposure to prosecution strategies for both domestic and foreign filings (USPTO, EPO, PCT route, etc.)

Skills and Competencies:

  • Excellent command over patent law and understanding of IP lifecycle management
  • High level of technical comprehension across multiple subject areas
  • Precision in legal writing, including claims drafting and FER responses
  • Self-driven and detail-oriented work ethic
  • Good project management and organizational abilities
  • Strong interpersonal communication for internal coordination and client interaction
  • A collaborative attitude with a growth mindset

Why Join Khurana & Khurana?

K&K offers a dynamic and innovation-friendly environment that combines legal rigor with technical complexity. Here are a few compelling reasons to join:

  • Work with a top-tier IP team recognized nationally and internationally
  • Exposure to high-profile patent portfolios, litigation support, and international patent filings
  • Structured learning and development programs for upskilling
  • Opportunities to publish, speak at conferences, and contribute to global IP discourse
  • Access to a culture that values merit, performance, and team contribution
  • Opportunity to mentor and train junior professionals
  • Career growth across multiple practice areas, including corporate, litigation, and regulatory law

Work Locations

Openings are available across multiple Indian cities, including:

  • Greater Noida (HQ)
  • Delhi
  • Mumbai
  • Pune
  • Chennai
  • Bangalore
  • Hyderabad

Candidates may indicate their location preference when applying.

Application Process

If youโ€™re ready to take your patent law career to the next level, send your application to:

Email: careers@khuranaandkhurana.com
Subject Line: Application for Patent Drafting and Prosecution โ€“ [Your Name]

Please include:

  • Updated resume
  • Cover letter highlighting relevant patent experience
  • List of patent applications filed or prosecuted (if applicable)
  • Any published articles, blogs, or speaking experience in IP

Shortlisted candidates will be contacted for interviews and skill assessments.

Final Thoughts

A role as a Patent Drafting and Prosecution Professional at Khurana & Khurana offers the perfect blend of technical engagement, legal depth, and professional growth. Whether you are a registered patent agent, a technically trained lawyer, or an experienced drafter, this is your chance to work on cutting-edge innovations and help clients protect their intellectual capital effectively.

Join a firm where legal brilliance meets innovation.
Apply now and become part of K&Kโ€™s legacy of IP excellence.


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