IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO :4039 of 2006 Between: M.A.Razzak Shaik ..... PETITIONER AND 1 The District Collector, Mahabubnagar District .....RESPONDENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.4039 of 2006 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondent in issuing the order dated 24.10.2005 vide his Lr.No.E2/6876/1999 rejecting application of the petitioner for providing some place in the collectorate premises, Mahabubnagar for the purpose of type writing job work and Xerox machine though the petitioner is deaf and dumb having qualification of type writing and though the family of the petitioner have been running type writing job work in the premises of the collectorate, Mahabubnagar since 1978 as illegal, arbitrary, without application of mind and also unconstitutional and same may be set aside and consequently, directing the respondent to provide some place admeasuring 10 Sq.yards in the premises of the Collectorate, Mahabubnagar, subject to any condition and to pass such other orders. 2. The case of the petitioner is that the petitioner is a deaf and dumb physically handicapped person. He understand the language by the lip movement. He studied up to Intermediate and he is having knowledge in English. He passed the type writing lower and higher grade. Originally, his father Mohd.Abdul Basheer Shaik was permitted by the respondent vide letter dated 30.12.1978 to run the type writing job work in the Collectorate premises, Mahabubnagar by erecting a temporary shed therein on payment of Rs.10/- per month. Accordingly, his family is having a bunk in the collectorate for the purpose of typewriting job work. Subsequently, his eldest brother Mohd.Qayoom continued in the place of his father and he was undertaking the type job work and which is the source of the income for his family. Subsequently, after passing the typewriting lower and higher grade, he being a deaf and dumb, used to look after the typewriting job work. Therefore, the brother of the petitioner seeking permission to install a Xerox machine in the bunk in addition to the undertaking type writing work. Accordingly, the respondent permitted them to install a Xerox machine by obtaining a loan from the Minorities Finance Corporation. Till 1997, his brother Abdul Qayoom continued his job work in the above bunk and thereafter the petitioner had been looking after the type writing job work in the premises of the Collectorate, Mahabubnagar. While so, the petitioner being a deaf and dumb, made a representation concerned seeking allotment of the particular piece of land of 10 Sq.yards where the bunk was erected by them. In this regard, the Assistant Director of Welfare of Handicaped, Mahabubnagar to the 1st respondent on 31.8.1999 to consider his case on lease basis. The Joint Collector, Mahabubnagar also forwarded his application to the Collector on 15.9.2000 to consider his case for allotment of the said bunk on lease basis. Instead of considering the case favourably the respondent stopped the petitioner from doing the typewriting job work in the bunk and they also threatened the vacated premises immediately. Therefore, he filed a W.P.No.25725 of 2000. On 22.12.2000, this Court directed the notice and meanwhile the respondent and his subordinates are directed to permit the petitioner to run the Xerox and typewriting job work in the bunk. The interim order communicated by this Court by way of telegram and the same was received by the respondent on 23.12.2000. But the subordinate respondents notwithstanding communication of the order passed by this Court demolish the portion of the bunk on 24.12.2000 which was happened to be Sunday. Therefore the petitioner was not permitted to use the bunk and deprived his livelihood. Therefore, the petitioner filed a Contempt Case No.34 of 2001 but the same was closed by order dated 9.4.2002 while closing the contempt case. It was observed that the respondents are directed to consider the case of the petitioner to provide some place in the Collectorate premises to eke out his livelihood by attending to typewriting. Since then, he had been making representations one after another requesting the respondent to provide some place in the Collectorate for his running typewriting job work and erection of Xerox machine since no action has been taken by the respondent. Therefore, the present writ petition has been filed. 3. On behalf of the respondent, the counter-affidavit has been filed. It is stated in the counter that the petitioner being a deaf and dumb unemployee is not entitled to claim the Government land in the Collectorate premises. One Basheer Shaik, who was the father of the petitioner was permitted temporarily in the premises of the Collectorate, Mahabubnagar with type machine for conducting job work with the permission of Executive Engineer, R & B Mahabubnagar for a period of one year ie., up to 14.12.1979 in an extent of 6.66 sq. yards on the rent @ Rs.10/- per month while proceedings No.B4/3856/78, dated 30.12.1978. Later he applied for permission for extension and requested for fixation of lease/rent. His request was not considered and he was directed to remove the bunk from the Collectorate premises. Then the brother of the petitioner has approached the Civil Court by way of filing the O.S.No.21 of 1994 and subsequently the same was dismissed by judgment and decree dated 21.9.1999. The petitioner also filed a revision petition before the Government and the same was dismissed by the Government vide Government Memo No.81222/Ass/4(2)/94), dated 3.1.1997 and directed the Collector to take further action. In the light of the orders passed by the Court and Government the encroachment made by Sri Mohd.Basheer Shaik was removed by the Mandal Revneue Officer, Mahabubnagar on 25.11.2000 under the cover of panchnama, as the lease orders were for one year only ie., up to 14.12.1979 and it is not an hereditary one. Further Sri M.A.Basheer Shaik, father of the petitioner is a legal practitioner in the town. The petitioner has not identified any other land except in Collectorate. The same has been informed to the petitioner in this office proceedings No.E2/6876/99, dated 24.10.2005. It is also stated that he has not entitled to consider his case. 4 Admittedly, the petitioner is a deaf and dumb umemployee, qualified in typewriting in English lower and higher, eking out his livelihood by undertaking the job work in typewriting. He was earlier granted permission to run a bunk in the premises of the Collectorate and the same was removed and thereby he was deprived of his right of his livelihood. In the counter- affidavit, it is stated that the petitioner has not identified any other land except the land in Collectorate. No doubt, the petitioner may not have any right for a particular piece of place to be allotted to him in the Collectorate premises and no positive direction can be given to the respondent to consider the case of the petitioner positively. But, having regard to the physical disability of the petitioner and the qualifications possessed by him ie., the typewriting lower and higher and as the job work in typewriting is the only source for his livelihood, the respondent is directed to consider the case of the petitioner sympathetically to provide an alternative site suitable to undertake his typewriting job work, in the light of several welfare schemes undertaken by the Government, and pass appropriate orders. 5. With the above direction, the writ petition is disposed of accordingly. No order as to costs. ________________ G.CHANDRAIAH,J 23rd September, 2009 PNV