D. Lingaiah v. Singareni Collieries Company Ltd.,

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.2536 of 2001 ORDER:

Challenging the proceedings dated 24.12.2000 issued by the respondent-Company directing the petitioner to vacate and hand over the quarter No.D-1703 in Sector-II Colony, Godavarikhani, Karimnagar district in vacant position to the Company within 10 days from the date of receipt of the proceedings, petitioner filed the present writ petition.

2) Respondents filed counter and opposed the petition.

3) Heard both sides.

4) When the matter came up for hearing, learned counsel for petitioner submitted that writ petitioner retired from service in the year 2012 and the respondent Company has already collected amounts from him towards the alleged penal rent for his alleged illegal occupation of the Company quarter. In that view of the matter, no cause survives in the writ petition and therefore, writ petition may be closed. Learned counsel further submitted that however, in any case the respondent Company takes up any action against the petitioner for recovery of the alleged penal rent on the contention that still some amount is due from him, his right to challenge such action may be reserved in spite of closure of writ petition.

5) Learned counsel for respondent-Company has reported no objection for this course.

6) In view of the above submission of both parties, this writ petition is closed with the observation that in case the respondent authorities takes up any action against the petitioner for recovery of the alleged penal rent payable by him, petitioner can resist such act as per the contentions available to him under law. No costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 04-02-2016 Murthy