Advise what petition
b. sudhakar
(Querist) 14 October 2010
This query is : Resolved
Sir,
I was appointed as dependant of my father-in-law who was medically unfit. His Quarter was allotted while working appointed area. Before allotment of the said quarter, a commercial shed was constructed besides the quarter on this shed I have been paying License fee for usage of company land (commercial shed) On transfer to other Area I have allotted a Quarter on that area and shifted and the same is informed to management.
As per instructions of Personnel Dept. officials, I came to the office on 08.08.2010 for handing over the said quarter. The management take a decision after handing over the said quarter, immediately dismantling the commercial shed. But at the time of dismantling the shed one Union leader is involved on behalf of Sri.Razuddin who have been using the commercial shed, the dismantling process was interrupted. In this situation quarter was not taken into possession by personnel dept. authorities.
I approached to the Office of the Dy.GM., Estate Department, RG-I on 22.08.2010. They told that Sri.Mohd. Raziuddin had taken stay/injection order on this shed from The Hon’ble Jr.Civil Judge, Godavarikhani, vide O.S.No.179 of 2010 on Company.
In the mean time, I received a letter regarding “directing me to vacate the above quarter & handover to the concerned area authorities before 25-09-2010 failing which Penal Rent will be recovered. I approached the RG-I Area authorities on 24.09.2010, 26.09.2010 & 28.09.2010 for handing over the quarter, but they are not taking into possession, stating that on receiving clearance from Estate Department they will takeover the quarter. I approached the Estate Department also; they informed that this issue is under court case.
In this situation I pray to management a application which is attached herewith.
Guest
(Expert) 14 October 2010
YOU MAY FILE A WRIT PETITION TO THE HIGH COURT MENTIONING ALL FACTS OF THE MATTER AND MAKE ALL CONCERNED DEPTS AS RESPONDENTS AND ALSO MENTION ABOUT THE SAID COURT ORDER.
AS HIGH COURT HAS AUTHORITY AND JURISDICTION ON ALL COURTS IN THE AREA YOUR PURPOSE WILL BE SERVED IN LESS TIME.GOOD LUCK.
R.Ramachandran
(Expert) 14 October 2010
Dear Mr. Sudhakar,
You say that "Before allotment of the said quarter, a commercial shed was constructed besides the quarter on this shed I have been paying License fee for usage of company land (commercial shed)"
If it was beside the quarter and not forming part of the quarter, why did you pay licence fee for that commercial shed?
Or do you mean to say that you were allotted the quarters and also the Commercial Shed by your Department?
If so, how was Mr. Mohd. Raziuddin in occupation of the Commercial Shed?
If he was already in commercial shed even before you occupied the quarters, who you will be responsible for the same?
There is some missing link - which you are not clearly mentioning.
b. sudhakar
(Querist) 14 October 2010
The Shed was constructed within the premises of the quarter before allotment to me in 1997. In 2001 our Company took one policy to let out these types of unauthorized constructions for commercial purposes by imposing monthly rent in the form of Licence Fees to be recovered from the allottee of the quarter. Accordingly, our Company has been recovering monthly rent from my salaries.
Before allotment to me, Mr. Mohd. Raziuddin had been using this unauthorized shed by paying rent to my predecessor and has been continuing the payment of rent to me after allotment to me. It implies that the shed has been in my control since I have been paying Licence fees to my Company.
Mr. Mohd Raziuddin also got one Electricity connection from then M/s APSEB on his name and basing on this document, he filed a case in the court.
Kindly give me legal advice for taking further steps by me so as to get Quarter Vacation Certificate or no penal recoveries.
B.Sudhakar
R.Ramachandran
(Expert) 14 October 2010
Dear Mr. Sudhakar,
But for my probing questions, all these details would not have come for discussion. Further, still there are many points to cover. In any case, since your query involves a lot of facts and other connected issues, it will not be possible to offer any remedy to your problem. However, you would be well advised to consult a lawyer in your area to handle your case.
