THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.15596 of 2009 DATED: 10.08.2009 Between: G.Prathapan. .. Petitioner. And The Estate Officer, Senior Administrative Officer, EM & SDSC SHAR, Sriharikota, Nellore District, and another. .. Respondents. ORDER: In this writ petition, the petitioner is aggrieved by the action of the respondents in not releasing the household articles from Quarter No.238, PHC-I CISF Unit, Sathishdhavan Space Centre, SDSC SHAR, Sriharikota, Nellore District, inspite of the order dated 19.03.2008 in IA.No.125 of 2008 in unnumbered appeal suit of the year 2008, which was filed against the eviction order passed against him by the 1st respondent-Estate Officer, Senior Administrative Officer, EM & SDSC SHAR, Sriharikota, Nellore District. The brief facts of the case are that the petitioner, Ex-Employee of the 2nd respondent Organisation i.e., CISF Unit, was removed from service by the 2nd respondent vide proceedings dated 12.02.2007, consequent to the enquiry conducted in pursuance of initiation of departmental proceedings against him on the allegation of his involvement in collecting huge amount of money from the local residents of Karthikapally Taluk, Alleppy District of Kerala, on the pretext of offering job in CISF, and the said proceedings of the 2nd respondent were confirmed by the appellate authority i.e.,Deputy Inspector General, CISF, Ministry of Home Affairs, D.O.S. Head Quarters, Anthariksha Bhavan, New Bell Road, Bangalore. Thereafter, the petitioner approached this Court and filed W.P.No.10783 of 2007 challenging the said dismissal order. Pending the writ petition, this Court on 26.07.2007 in WPMP.No.13538 of 2007 directed the respondents to permit the children of the petitioner to prosecute their studies in Space Central School, Sriharikota, Nellore District, until further orders, but however, with regard to the prayer for a direction to permit the petitioner to stay in Quarter No.238, PHC-I, CISF Unit, SDSC SHAR, Sriharikota, Nellore District, the same was rejected. Subsequent thereto, since the petitioner did not vacate the said Quarter, eviction proceedings were initiated and the said Quarter was sealed by the 1st respondent on 13.02.2008. Questioning the eviction order passed by the 1st respondent, the petitioner filed appeal before the District Court, Nellore and also filed I.A.No.125 of 2008 seeking a direction to the respondents to reopen the said Quarter and allow the petitioner and his family members to stay in the said Quarter, and the learned District Judge, Nellore, in the said I.A., on 19.03.2008, directed the respondents to depute a competent officer to open the lock in the presence of the petitioner and shall handover the belongings to the petitioner under a panchanama and shall file a report before the Court on 31.03.2008. Questioning the action of the respondents in not releasing the household articles from the said quarter, in spite of order dated 19.03.2008 in I.A.No.125 of 2008 passed by the learned District Judge, the petitioner filed this writ petition. Today, when the matter is taken up for hearing, a letter dated 31.07.2009 addressed to the Commandant/LO, CISF Unit BHEL (R), Hyderabad, communicated by Fax, duly enclosing the letter dated 16.04.2009 from the office of Legal & Disciplinary Section of SDSC SHAR, has been placed before this Court, wherein it is stated that in obedience of the orders of the District Judge, Nellore, vide its order dated 19.03.2008, the petitioner was advised to take over the household articles vide notices dated 31.03.2008 and 19.05.2008, and when the petitioner came along with his counsel on 28.05.2008 for collecting his household articles, the issue with regard to the dues payable by the petitioner towards Licence fee, water and electrical charges was raised, for which the petitioner refused to pay the same, on the ground that the order of the Court is silent on the recovery of Government dues, thus, the petitioner had not collected the household articles and both parties decided to approach the Court for further clarification. It is also stated that the matter pertaining to the dispute with regard to the dues payable by the petitioner was brought to the notice of the District Judge, Nellore, by filing an affidavit on 04.07.2008, and the same is pending. In these circumstances, the relief sought by the petitioner cannot be granted and the petitioner is at liberty to take necessary steps for expedite disposal of I.A.No.125 of 2008 pending before the District Court, Nellore. With the aforesaid liberty, the writ petition is dismissed. No order as to costs. _____________ N.V.RAMANA,J 10.08.2009 v v