IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 35765 of 1998 Between: P. Mogili, S/o Poshalu, Medipally, Singareni Collieries Co. Ltd., Godavarikhani, Karimnagar Dist. ..... PETITIONER AND 1 The General Manager, Rg-III Area, Singareni Collieries Co. Ltd., Godavarikhani, Karimnagar Dist. 2 The Superintendent of Mines, OCP-IV, Medipally, Singareni Collieries Co. Ltd. Godavarikhani, Karimnagar Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order or direction particularly in the nature of Writ of Mandamus directing the Respondents to issue the orders of allotment of quarter wherein he has been staying, in terms of Memorandum of Settlement dt: 31-7-1997 and Circular dt: 3- 8-1998 duly returning the amount recovered towards the penal rent and pass any such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interests of justice. Counsel for the Petitioner : Sri K. Vasudeva Reddy Counsel for the Respondents : Sri K. Srinivasa Murthy The Court made the following O R D E R: This writ petition has been instituted seeking directions to the respondent – Singareni Collieries Company Limited to issue order of allotment of quarter which is under occupation of the petitioner in terms of the memorandum of settlement dated 31st July 1997 and the circular issued on 3rd August 1998. It has been pointed out by the learned counsel on either side that the same issue has been traversed by this Court while considering a batch of writ petitions in W.P. No. 7434 of 1999 and that this Court by its order dated 20th January 2000 has disposed of the writ petitions in the following manner: “ For the aforesaid reasons, this batch of writ petitions are disposed of directing the respondent company herein not to deduct any penal rent from the salaries of the petitioners and other employees until a decision is taken by the Committee of the Officers constituted for the purpose of making an enquiry in terms of the aforementioned directions. However it shall be open to the company to deduct the penal rent from the salaries of such of those petitioners and employees who are not entitled for the protection of the settlement dated 31st July1997 and who continued to be in unauthorized occupation of the residential staff quarters with retrospective effect. Likewise, such of those petitioners and other employees who are found to be entitled for the protection of the settlement, are entitled for the return of penal rents so collected from them, and the company shall have to repay the same to the eligible petitioners and other employees. It shall be open to the respondent company to take such further steps as it may wish to do so to secure the eviction of the staff quarters from the possession of such unauthorized occupants who are not entitled for the protection of the settlement.” Even in the present writ petition, the controversy at issue being the same, this writ petition also stands disposed of with the same directions as stated above. There shall be no order as to costs. (NOOTY RAMAMOHANA RAO,J) 5th March 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ANURADHA}