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High Court for State of TelanganaWP/34812/2024disposed of no costs

Deva Kranthi Kumar v. The Singareni Colloeries Company Limited

2024-12-31Surepalli Nanda8 pages

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132s21 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO:34812 OF 2024 Between:

l.DevaKranthiKumar,S/oDevaChandramouliAgedabout35.yearsocc Singareni employee Fl/o H No 10-4-27611 Subash Nagar Kanmnagar karimnagar District Z. En*rqr-6ri"r,-'Slo Enugu Rajaiah Aged about 3Tyears Occ Singareni - il;T"y"; Fvo il r.ro zE z gg-d Gjnohi Nagar, Godivarikhani, Peddapalli District S. einOtram Krishna Teja,.S/o Chandrashekar Aged about 1 ,yeaq,Qc9 SingareniemployeeR/oHNo19-5-lTTLaxmiNagarGooavanKnanl' Peddapalli District a. flifvaji Anuradha, W/o N Ramesh, Aged about 53 years occ Singareni employee,R/oHNo16-1-s2,shivajiNagar,Godavarikhani'Peddapallr District S. Farinisarathi Srinivas, S/o K Parthasarathi, Aged about 5-8 years'.Occ - bi;gil;i-;rprov"", 'Rvo - H ruo 16-1 -43 Ashok Nagar, Godavarikhani' Peddapalli District o. itr-"aisir- Laxmaiah, S/o Madasu komuraiah Aged about 56 y-ears. Occ Singareni employee, Rl/o H No 1-1 1 , Brahmanpalle, Appannapet, Peooapalll District Z. Foti,lrai, Bhaskar, S/o Venkataswamy, A-ged about 44 y-ears. Occ.Sfigareni ' ;'plffi;, R/o H Nb-e e-ssa Ram Nag'ar, Godavarikhani, Peddapalli District

8. d;i;:rh Sammaiah, S/o Gampala"Narsaiah, Aged about 51 years'.Occ " diisS*"i Er;i"r;;. R/o H No 19-5-76, Ashok Nagar, Godavarikhani' Peddapalli District g. Thaoaiaou Chandramoulr. S/o Thagarapu Ra1am, Aged about^56 .years', Occ Singirerii employee, RJo Qtr No D-843, Hanuman Nagar, uooavarlKnanl' Peddapelli District rO.iaJJa-Sr,aniaraian, S/o Jadala Katthlaiah, Aged about 58 years,.Occ '" 5T,igiie"i ".irovJ", R/ o H No 8-1-181, Hanuman Nagar, Godavarikhani' Peddapelli District rr.iroifiaF,-pirii 'srinivas, S/o Rajaiah, Aged about .+9 ypaF,.occ Singareni " biriirov"'"; nyo n uo 2-n. \ftc chin-nabonkur' Po Suddala, Sulthanbad' Peddapalli District f Z.nereiii nrranarsu, S/o Mallaiah, Aged. about 56.years, 9"", Sl!931"Ii employee, - Fi/o H No 893. B-Type' Hanuman Nagar' GoOavanKnanl' Peddapalli District 13.

k;;pat Rlmaswamy, S/o Posham, Aged about 57 vT.n-99cjil93l"^l! - emptbye'e, Rl/o Q No' D-871, Hanuman Nagar, Godavarikhani' Pedoapanl District 14.Devara Konda Naresh Singareni employee, Peddapalli District , S/o Aarogya Swamy, Aged about 44 years,.

'15.K Swamy Das, S/o Rajaiah, Aged about S4years, Occ Singareni employee' Ryo Q Nd D-35, Shivaji Nagar, Godavarikhani Peddapalli District

16. Dabbeta Sathish, S/o Rangaiah, Aged about 39 years, Occ Srn-garenr employee, R/ o H No 21-2 Ma00081N1, Markandeya colony' Godavarikhani, Peddapelli District lT.Chiluniula Ramakrishna, S/o Mallaiah, Aged about 44 yea$. Occ Singareni employee, Rl/o H No 16-2-34, Shivaji -Nagar, Godavarikhani, Peddapalli District '18. Bathula Rambabu, S/o Bakkaiah, Aged about 54 years, Occ Singareni employee, Fl/o Q No D-222, Laxmi NagEr, Godavarikhani, Peddapalli-District. . lg.Buddarthi Shyam Kumar, S/o Mallesti, Aged about 27 yea19' -Occ Singareni employee, RJ o H No 5-4-260, Narrashalapalli Medipalli, Ramagundam, Peddapalli District ...pETraoNERS AND '1 . The Singareni Colloeries Company Limited, A Govemment Company Rep by its Geneial Manager Ramagundam Areal Peddapalli District

2. The Deputy ChieiPersonnel Manager, RGI and Secretary Quarters Allotment Committee, Ramagundam Division Peddapalli District

3. The State of Telangana, Rep by its Principal Secretary Department of Home Secretariat Hyderabad

4. The Commissioner of Police, Ramagundam Commissionerate.

5. The Station House Officer, P S I Town Godavarikhani Ramagundam commissionerate ...RESP.NDENT'

Petition under Article 226 of the Constilution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one rn the nature of WRIT OF MANDAMUS to declare the impugned Notice No RG.l/PER/QDrsma ntled/63/6561 , dated 07.12.2024 of the 1't respondent lrke-wise the same notices were issued on the names of the other petitioners in respect of the quarters situated at Hanuman Nagar and Shivaji Nagar Chowrastha / Shopping Complex Area, Godavarikhani, Peddapalli District and removed the power and water supply to the petitioners quarters respectively without waiting the report of the ll Addl. Junior Civil Judge, Godavarikhani, Peddapalli District, as illegal, arbitrary, null, void and violation of Article 21 of the Constitution of lndia and violation of the orders of the Hon'ble High Court in W.P.No.18696 of 2024 and consequently to set aside the same and allow the petitioners to reside in their respective quarters as usual

Ett rj lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Hlgh Court may be pleased to suspend the impugned Notice No.RG.l/PER/Q-Dismantled/63/6561, dated 07 .12.2024 of the 1"t respondent by restoring the power and water supply to the petitioners quarters situated at Hanuman Nagar and Shivaji Nagar Chowrastha / Shopping Complex Area, Godavarikhani, Peddapalli District, pending finalization of the Writ Petition Counsel for the Petitioner: SRl. NARENDAR JALLI Counsel for the Respondent Nos. 1&2: SRI P. SRI HARSHA REDDY, SC Counsel for the Respondent Nos. 3to5: SPECIAL GP REP SRI RAHUL REDDY, ADDL ADVOCATE GENERAL The Court made the following: ORDER

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HON,BLE MRS JUSTICE SUREPALLI NANDA P T ORDER:

HeardSri]atliKanaka.ah,learnedSeniorDesignated Counsel representing Sri Narender Jalli' learned counsel appearing on behalf of the petitioners' learned Special Pleader Sri Rahul Reddy' representing the Government office of learned Additional Advocate General' appearing on behalf of respondent Nos'3 to 5 and Sri P' Sri Harsha Reddy, learned Standing Counsel appearing on behalf of resPondent Nos'1 and 2'

The petitioners apProached the Court seeking prayer as under:

" -..to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the impugned Notice No'RG' I/PER/QDismantled/6 316561, dated 07-12 -2024 of the 1't i respondent likewise the same notices were issued on the names of the other petitioners in respect of the quarters situated at Hanuman Nagar and Shivaji Nagar Chowrastha / Shopping Complex Area' Godavarikhani I Peddapalli District and removed the power and water supply to the petitioners quarters respectively without

n i wP 34Et2 2024 waiting the report of the II Addl Junior Civil Judge Godavarikhani Peddapalli District as illegal, arbitrary, null void and violation of Article 21 of the Constitution of India and violation of the orders of the Honble High Court in W.P. No. 18696 of 2024 and consequently to set aside the same and allow the petitioners to reside in their respective quarters as usual and pass...,..

3. It is represented by the learned Senior Counsel appearing on behalf of the petitioners that, the petitioners are not insisting for grant of the prayer as sought for in the present writ petition but are only seeking prayer as granted in I.A. No.2 of 2024 in W.P. No. 18696 of 2024 and in W.p. No. 18696 ot 2O24 and further the learned Senior Counsel requested to extend the said benefit as extended to the petitioners in I.A. No.2 of 2024 inW.p. No. 18696 of 2024 and W.p. No. 18696 of 2024 to the petitioners herein. The relevant para Nos.4 and 5 of the order dated L4.O8.2O24 passed in I.A. No.2 of 2024 in W.p. No. 19696 of 2024 and in W.P. No. 18696 of 2024 are extracted hereunder: "4.

Taking into consideration the averments made in the affidayat filed in support of I.A.No.2 ol 2OZ4 in W.P.No.1a696 of 2024, and duly considering the submassaons of all the learned counse! on record, this Court opines that the learned II Additional Junior Civil Judge, Godhavarikhani, peddapatly District would be t-he tmpartial Independent Authority to

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J wP 14812 2024 accompany the petitioners in petitionerc inspection and selection of 24 quarters out of 61 existing quarters, which are habitable quarters with all basic amenities and the petitioners are further directed to select their respective 24 quarters in the presence of the said learned II Additional Iunior Civil Judge' Godhavarikhani, Peddapally District and occupy the same duly vacating the existing quarte6 which the petitioners are presentty in occupation as per their choice on due inspection in the presence of the learned ll Additional Junior Civil Judge' Godhavarikhani' Peddapalty District as expeditiously as possible preferably within a period of fifteen(ls) days from the date of receipt of a copy of this order'

5.

Accordingly, the I'A'ilo'2 of 2(J24 in W.P.No.18696 of 2c'24 and Writ Petition No'1a696 of 2024 stands disposed off with the above observations' However, there shall be no order as to costs' Pleader aPPearing 4.

The learned SPecial Government Advocate General on behalf of the learned Additional extended to the submats that the said benefit as petitioners in I.A. No'2 of 20.24 in W'P' No' 1a696 ot 2024 and an W.P. No. 18696 ot 2c.24 was also extended to the ( petitioners in the present writ petition but however the petitaoners did not avail the same'

I I l w 34E12 2024 5.

Taking into consideration the earlier orders of this Court dated 14.08.2O24 passed in I.A.No.Z ot 2O24 in W.P.No.18696 of 2024 and in W.P.No.18696 ot 2(J24 (referred to and extracted above) and duly considering the submissions of all the learned counsel on record, this Court opines that the respondents would allot the habitual quarters with basic amenities to the petitioners which had already been inspected by the learned II Additional Junior Civil Judge, Godhavarikhani, Peddapally District within one

(1) week from the date of receipt of a copy of the order.

5. Accordingly, the present writ petition is disposed of. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stan SD/. L. VIJAYA LAXMI ASSIS NT REGISTRAR //TRUE COPY// I CTION OFFICER To, The General Manager, Singareni Colloeries Company Limited, A Government Company Ramagundam Aieal Peddapalli District^ i# b"pttybhiei personnet Managei, RG1 and Secretary Quarters Allotment Commi[tee, Ramagundam Division Peddapalli -District ifre erincipaf Secietary Department of Home Secretariat ,T,'S ,Hyderabad The Commissioner of Polbd, Ramagundam Commissionerate' The Station House Officer, P S I Town Godavarikhani Ramagundam Commissionerate One CC to SRl. NARENDAR JALLI ,Advocate [OPUC] One CC to SRl. P. SRI HARSHA REDDY, SC [OPUC] iwo CCs to ADDITIONAL ADVOCATE GENERAL, High Court for the State b of Telangana, at HYderabad [OUT] Two CD CoPies B IVI GJP s -.

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\ I HIGH COURT DATED:31 11212024 eoB lHE S.q r€

ORDER

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a I -1 ic 01 I,],."R 20n WP.No.34812 ot 2024 DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS .i