IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 360 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 03/12/2007 in WP NO : 8059 OF 2001 on the file of the High Court.) Between: 1 The Sugar Factory Mazdoor Sabha, Regd.No.61, Affiliated to HMS, Shakarnagar-503 180, Nizamabad Dist., Rep.by its President, Sri Nayini Narsimha Reddy, S/o. Deva Reddy, aged about 62 years, Trade Unionist, R/o. Hyderabad. 2 The Sugar Factory Mazdoor Sabha, Regd.No.61, Affiliated to HMS, Shakarnagar-503 180, Nizamabad Dist., Rep.by its Vice President, sri Shafeeq Khan, S/o. Yaseen Khan, aged about 45 years, Occ: Electrician, R/o.Shakarnagar, Nizamabad District. ..... APPELLANT(S) AND 1 The Nizam Sugars Limited, Rep.by its Managing Director, Shakar Bhavan, Fateh Maidan Road, Hyderabad-500 004. 2 The Nizam Sugars Limited, Rep.by its General Manager, Shakarnagar-503 180, Nizamabad Dist. 3 The Government of Andhra Pradesh, Rep.by its Chairman, Implementation-Secretariat, Public Enterprises Deptt., B-Block, 3rd Floor, A.P.Secretariat, Hyderabad-500 022. 4 The Collector and District Magistrate, Nizamabad Dist., Nizamabad. 5 Mohd. Ghouse Khan, S/o. Late Khaja Mohinuddin Khan, H.No. 18-2-614, Janagamet, Hyderabad, ( R-5 is impleaded as per - Court Order dt. 5.4.2005 in WPMP 7323 OF 2005. .....RESPONDENTS Counsel for the Appellant:MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.: MR.N.VASUDEVA REDDY The Court made the following: ORDER:(per Hon’ble Sri Justice B.Prakash Rao) Heard Sri A.K.Jaya Prakash Rao, learned counsel for the appellants, Sri N.Vasudeva Reddy, learned standing counsel appearing for respondents 1 and 2, the learned Government Pleader for General Administration appearing on behalf of respondents 3 and 4 and at their request, the writ appeal itself is taken up for disposal. The appellants, who are the unsuccessful petitioners, sought a direction by way of mandamus declaring the action of respondents 1 and 2 in putting the lands in Sy.Nos.689 to 705 admeasuring 140 acres for public auction on 25-04-2001 as illegal since the said lands were already allotted to the employees of respondents 1 and 2, who are 1,235 in number, and the same being arbitrary and violative of Articles 14, 21 , 39-A and 300-A of the Constitution of India. The learned Judge after considering the submissions made across the bar did not ﬁnd favour with the appellants herein to accede to such a request, but, having regard to the fact that the appellants have already made representation and the same is pending consideration before the Government, directed the Government to pass orders on the said representation as expeditiously as possible. Hence the appeal. Learned counsel for the appellants submits that, having regard to the earlier settlement and the compromise made by respondents 1 and 2, amounts were paid by the employees, which were lying with the Management, and there is no dispute that the employees are entitled for allotment of house plots but, however, the Company is proceeding to auction since the Company is closed and properties are sought to be disposed of. Learned standing counsel appearing on behalf of the Company submitted that having regard to the letter No.HACT/FIN/310-A dated 08-08-2007 written to the Government recommending to consider the case of the appellants, the merits of the writ appeal need not be gone into at this stage. Learned Government Pleader submits that since the representation of the appellants is still pending consideration, the appellants’ grievance is premature. Having considered the submissions made by the counsel and since the Company has already given consent to its employees for assignment, the right that accrues to the appellants in terms of settlement already made has to be given due consideration before disposing of the representation. The Writ Appeal is accordingly disposed of directing respondents 3 and 4 to consider the appellants’ case in terms of the settlement and pass appropriate orders on merits within a period of eight (8) weeks from the date of receipt of a copy of this order. _____________________ B. PRAKASH RAO, J Date:13-10-2008 _____________________ G.CHANDRAIAH, J Usd