LAWS(JHAR)-2010-2-207

INDRADEO PANDEY Vs. MINERAL AREA DEVELOPMENT AUTHORITY, DHANBAD

Decided On February 19, 2010
INDRADEO PANDEY; ATTAULAH ANSARI; GULAM JILANI Appellant
V/S
MINERAL AREA DEVELOPMENT AUTHORITY, DHANBAD; MANAGING DIRECTOR, MINERAL AREA DEVELOPMENT AUTHORITY, DHANBAD; SECRETARY, MINERAL AREA DEVELOPMENT AUTHORITY DHANBAD; ACCOUNTS OFFICER, MINERAL AREA DEVELOPMENT AUTHORITY, DHANBAD Respondents

JUDGEMENT

(1.) It is submitted that in spite of repeated request, the claim of the petitioner(s) have not been settled/paid. Counsel for the M.A.D.A. submitted that in the absence of counter affidavit, he is not in a position to accept or controvert the submissions made by the petitioner(s). He further submitted that it is also to be seen whether any quarters was given to the petitioners and whether they have paid all the upto date rent/penal rent/ other charges etc., against occupation of quarters, and have handed over vacant possession of the quarters or not.

(2.) In the circumstances, petitioner(s) are directed to handover vacant possession of quarters, if any given to them, if not already handed over, within 30 days from today. Only after the quarters have been vacated, if any quarters were given, the petitioner(s) may file copy of their writ petitions before respondent no. 2 - The Managing Director, Mineral Area Development Authority, Dhanbad, which will be treated as representations on their behalf.

(3.) Respondent no. 2 will pass necessary orders with regard to payment of undisputed and legally payable amount after deducting any amount recoverable from the petitioner(s), along with the calculation. If any claim/part of it is found not tenable/payable, the reasons thereof should be communicated to the petitioner(s). This exercise should be completed within two months from the date of receipt/production of a copy of this order. It is made clear that this Court has not gone into the merits of the claims of the petitioner(s).