B.Mallaiah v. The Singareni Collies Company Limited

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.26944 of 2003 ORDER :

When the matter is taken up for hearing, counsel for petitioners submits that the present writ petition is filed challenging the orders of respondent in levying penal rent for their occupation of quarters. By order dated 29.12.2003, this Court granted interim stay of collection of penal rent.

The learned Standing Counsel for respondent submits that in view of the interim orders passed by this Court, no further orders are necessary, however, contends that the cases of petitioners will be reviewed depending upon the availability of quarters and liberty be given to the respondent to pass appropriate orders in evicting the petitioners in accordance with law.

Having considered the contentions of both the parties, this Court is of the considered view that the penal rent levied by the respondent is liable to be set aside, and accordingly, the same is set aside. However, respondent shall re-consider the entire issue of allotment of quarters as per the eligibility of petitioners vis-à-vis other employees and pass appropriate orders in accordance with Rules.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 14th November, 2018 ajr