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This writ petition has been filed challenging the order dated 28.03.2008 passed by the first respondent rejecting the request of the petitioner for refund of a sum of Rs.4,49,434/- paid by him, which the respondent had adjusted from the final bill of the petitioner towards damages for unlawful use and occupation of quarter No.125, Sadras East, DAE Township, Kalpakkam, for the period from 31.10.1987 to 17.09.2006.

2.It is the case of the petitioner that M/s.Kotaiah & Co., was appointed as a contractor with the respondents in the year 1987. According to him, subsequent to the appointment of M/s.Kotaiah & Co., as a contractor, the respondents allotted the quarters bearing Quarter No.125, Sadras East, DAE Township, Kalpakkam to M/s.Kotaiah & Co. It is the case of the petitioner that M/s.Kotaiah & Co., is a partnership firm, in which Mr.Kotaiah was the managing partner and the present managing partner of the petitioner firm Mr.C.K.Narasimha Rao who is the son of Kotaiah, was also one of the partners of M/s.Kotaiah & Co. According to the petitioner, Kotaiah died in the year 1993 and subsequent to his death, M/s.Kotaiah & Co., the partnership firm was reconstituted and the new name of the firm was M/s.Anusha Enterprises, the petitioner herein. It is the case of the petitioner that ever since the death of Kotaiah and http://www.judis.nic.in subsequent to the reconstitution, the petitioner firm is in possession of the quarters. It is also the case of the petitioner that by letter dated 07.07.2005, the respondents recognised M/s.Anusha Enterprises which was previously known as M/s. Kotaiah & Co., as their contractors. According to the petitioner, the respondents have wrongfully and illegally deducted a sum of Rs.4,49,434/- from and out of the final bill raised by the petitioner towards damages for the alleged unlawful use and occupation of the quarters viz., No.125, Sadras East, DAE Township, Kalpakkam, ever since 31.10.1987 by the petitioner. Aggrieved by the impugned order dated 28.03.2008, this writ petition has been filed.

http://www.judis.nic.in “With reference to your letter dated 04.07.2005. M/s.Anusha Enterprises previously in the name of Kotaiah & Co., is working with us for the part years in constructing residential quarters at Kalpakkam and Anupuram Township.

Presently, they are constructing 24 Nos.

8.With the aforesaid directions, the writ petition is disposed of. No costs.

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                 To


                 1.Government of India,
                   Department of Atomic Energy
                   General Services Organisation
                   Kalpakkam – 603 102.

                 2.The Estate Officer,
                   Department of Atomic Energy
                   General Services Organisation
                   Kalpakkam,
                   Kancheepuram District – 603 102.




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                          ABDUL QUDDHOSE, J.

                                              sms









                                     11.02.2020




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