IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23331 of 2008 Between: Smt.B.Sujatha Devi W/o.B.Ramprakash R/o.SRT Qr.No.227, Jawaharnagar, Chikkadpally RTC X Roads,Hyderabad ..... PETITIONER AND 1 The Commisisoner of Labour, AP T.Anjaiah Karmika Bhavan, RTC Cross Roads,Hyderabad 2 The Dy.Commisisoner of Labour (Hyd-1) O/o.The Commisisoner of Labour,AP T.Anjaiah Karmika Bhavan RTC Cross Roads,Hyderabad 3 Mr.Md.Jahanghir S/o.Saleem R/o.SRT Qr.No.276, Jawaharnagar,RTC Cross Roads,Hyderabad .....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 writ or direction preferably writ of mandamus declaring the inaction of the respondent nos.1 to 2 in taking appropriate action with regard to unauthorized construction being made by respondent no.3 in respect of the land i.e. back yard of the petitoner quarter No.227 situated at jawaharnagar,Chikkadpally,Hyderabad despite representation dated 18.7.2008,17.10.2006 and 26.10.2008 as illegal arbitrary, and violative of principles of natural justice and consequently direct the respondent Nos.1 and 2 to stop the unauthorized construction and consider the case of the petitioner for allotment of 50 sq.yards and pass Counsel for the Petitioner:SRI M.V.HANUMANTHA RAO Counsel for the Respondents: GP FOR LABOUR The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23331 of 2008 ORDER: The petitioner is statedly possessor of SRT quarter No.227, Jawaharnagar, Industrial Housing Colony (IHC), Chikkadpally, Hyderabad. Originally the quarter was allotted to her mother-in-law, which was subsequently registered in favour of petitioner’s brother-in- law on 03.09.2002. She occupied an extent of 50 square yards in the backyard of her house. She applied for regularization of the occupation on 18.07.2008. Third respondent is owner of SRT 276. He allegedly commenced unauthorized construction in the vacant land. Petitioner contends that he commenced such construction to deprive petitioner of her right to seek regularization. Therefore, she gave complaint to first respondent on 17.10.2008 and 26.10.2008. As there is inaction in taking appropriate action against unauthorized construction, the present writ petition is filed seeking a writ of mandamus directing respondent Nos.1 and 2 to stop unauthorized construction. A counter affidavit is filed by the Deputy Commissioner of Labour–I, second respondent herein. It is admitted that the open land situated behind SRT quarter No.227, IHC, belongs to the Government. The petitioner or third respondent has no right to occupy the land. Third respondent purchased an extent of 112.5 square yards under registered document dated 27.07.2001. He and his wife encroached the land adjacent to the portion purchased by them. When he applied for regularization, a Committee constituted as per G.O.Ms.No.2, dated 31.01.2002, recommended for regularization. The same was informed to third respondent by way of demand notice dated 28.09.2002 for payment of Rs.2,01,920/-. He failed to pay the amount. In the meanwhile, the petitioner made a representation on 17.10.2008. Immediately, Assistant Labour Officer – II inspected the quarter and stopped the construction by the third respondent. Dealing with this aspect, in the counter affidavit it is stated as under. It is further submitted that a demand notice dated 28.09.2002 was issued to Sri Sk.Jahangir, purchaser of Q.No.SRT 276(1), for payment of Rs.2,01,920=00 towards cost of excess land along with furnishing of certain documents and subsequently reminder was issued on 13.02.2002 for non-submission of the same. It is further submitted that, as he failed to comply the notice, a revised demand notice was issued to him on 30.07.2004. Again on 25.07.2006, another revised demand notice was issued to him with an advise to pay the difference of land value to the tune of Rs.4,54,320/-. It is submitted that on 17.10.2008 Smt.B.Sujatha Devi, R/o.SRT 227/CPC informed this office that Sri Sk.Jahangir has started construction in the land and requested this office to stop the un-authorised construction. Immediately, the Asst.Labour Officer-II, SIHS directed to inspect the quarter as well as open land and submit verification report. Accordingly, the Asst.Labour Officer-II, SIHS submitted her report on 24.10.2008 stating that the individual demolished the entire building admeasuring 112 Sq.ys and as well as the kachha rooms erected in 50.48 sq.ys as recommended by C.O.O and started new construction in the entire land. Meanwhile, the Asst.Labour Officer-II, SIHS stopped the construction in the excess land admeasuring to 50.48 sq.yards which is un-registered. The Department also immediately issued the notice on 25.10.2008 to the individual to demolish the construction in the excess land till the registration of the excess land is completed. In view of the counter averments, which stand unrebutted, the allegation of the petitioner that respondents failed to take action against third respondent is not correct. There is no scope to believe such averment or allegation. Second respondent has taken action immediately and stopped the construction. The Writ Petition is misconceived, and the same is accordingly dismissed. No costs. ____________ (V.V.S.RAO, J) 16.12.2008 vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}