High Court · 2025

Petition under Article 226 of the Constitution 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 in the nature of writ of mandamus declaring the action of the respondent in seeking to demolish petitioners residential house in Plot Nos.242 and 243, in Sy.No-74/6 Balamrai Cooperative Housing Society, Mahendra Hills, Secunderabad Cantonment, pursuant to the proceedings in Lr.No.SCB/EB/P.No.242&243lBalamrai CHS/M.Hills/81 41116311698 dated 23.07.2010 issued under section 320 of the Cantonments act, 2006 as arbitrary, illegal, uniust, violative of principles of natural justice, discriminatory, colourable exercise of power, non application of mind to the relevant material available on record, contrary to the procedure contemplated under the Cantonments act, 2006 violative of the Fundamental Rights guaranteed under Articles 14, 19 and the Constitutional Right guaranteed under Article 300-4 of the Constitution of lndia and consequently set aside the rmpugned order and direct the respondent not to demolish the aforesaid house l.A. NO: 1 O 20111WPMP. NO: 15965 0F 20111 F Petition under Section 151 CpC praying that in the clrcunrstances stated ased to in the affidavit'filed in support of the petition, the High Court may be ple direct the responderrts not to demolish the house bearing plot Ncs.242 & Sy.No.7416 Balamrai Cooperative Housing Society, [\4:;hendra Secunderabad, pendrng disposal of the above writ pjition. 243, in Hills, lA NO: 1 OF 2025 Petition und,:r Section 15.1 CpC praying that in the crrcumstances stated in the affidavit filec rr support of the petition, the High Court may be pleased to direct the respondont Board to receive petitioners, apprication for regurarization of the constructions made in plot Nos.242 and 243, in Sy.No.,r,4/6, Balamrai Cooperative Housing Society, Mahendra Hills, Secunderabad Cantonment, consider their cast: for regurarization of the said constructions by, corecting compounding fee as; per the rules. lA NO: 2 OF 2025 Petition unde. Section 151 CpC praying that in the circums:ances stated in the affidavit fired in support of the petition, the High court may be preased to receive 1) copy of the common order in w.p.No..r2512 0f 2o11ancr batch dated 29 06 2011 and 2) cooy of the retter of the respondent Board dated 18.0g.2014 issued by the Secun,Jerabad Cantonment Board to the P rin cilra I Director, Defence Estate. Southern Command, pUNE seeking per rrission for regularization of the constructions made by the petitioner in W.P No.12512 of 2011. t, ., Counsel for the petitioners: SRI A.MUNEENDHAR REDDy Counset for the ResFrondent: SRI x.n xoiEsviiEia nno, SR sc FoR CANTONMENT The Court made the following: ORDER l THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.13154 of 2OLL ORDER: Heard learned counsel for the petitioners and learned Standing Counsel for respondent - Cantonment. Perused the record.

2. This writ petition is hled seeking following prayer:- Hills/ 814/ 1163/ 1698, " declaring the action of the resporudent in seeking to demolish petitioners residential house in Plot Nos. 242 and 243 in Su.No.74/6 Balamrai Cooperatiue Housinq Societu, Mahendra Hills, Secunderabad Cantonment the proceedinqs in pursuant Lr.No.SCB/EB/P.No.242 and 243/Balamrai CHS/ M 23.07.2010 issued under section 320 of the Cantonments Act, 2006 as arbitrarg, i\eqal uryjust, uiolatiue of pinciples of natural iustice discrimlnatoru colourable exercise o.f pou.ter non application of mind to the releuant mateial auailable on record contrarg to the procedure contemplated under the Cantonments Act 2O06 uiolatiue of the Fundamental Riqhts quaranteed under Articles 14 19 and the Constitutional Riqht guaranteed under Article 300A of the Constitution of India and consequerutlu set aside the impu-rlned order and direct the respondent not to demolish the aforesaid house." --' - .i NVSK,J w.P No I I I5.1 ot 201 l 2

3. Todal' ',vhen the matter is taken up for hearing, learned corrnsel for the petitioners submits that jn similar circumstanrx: this Court disposed of W.P.No. 13909 of 2Oll on 2'; .(\2.2025 and passed the follou'ing orcier:- "This Court deems it fit and proper to dispose of the present urit petition directing the petiti<nrcrs to submit an application in the prescnlted profonna along tttith require,T docurnents before responder "t Cantortrnent Board utitltin a period of tulo (O:l) ueeks .from the date of receipt of a copg of this cn'der and on receipt of the sai'7 ttpplictttion, tlrc respondent Cantonmet t Board shall consider the same and pctss apprcttrniate orders, afier giuing an opportunitg to the petitioners including perscnol heaing, as expeditiouslA cs possible-, preferablg tuithin a peiod o/ s,x uteeks from the date of receipt of a copg ttf this <>rder and till such time,.the respondertt Cantortment Board shall not take anA coercit <t steps in respect of the subje':t prope:rtq. A.ccordinglg, the present urit petition 's dispc,setd of. No order as lo cosfs. " 4 Learnerl counsel for the petitioners further pray this Court to pass similar orders as passed in W P.\o.13909 of 20 1 I or 27 .O2.2O25. NVSK,J W.P.No.13154 of2O11 J 5 Learned Standing Counsel appearing for respondent - Cantonment did not dispute the same.

6. Recording the submission made by learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.13909 of 2Ol7 on 27.O2'2O25, tltts I I writ petition is disposed of directing the petitioners to submit an application in the prescribed proforma along with required documents before the respondent { I Caltonment Board within a period of two (02) weeks from the date of receipt of a copy of this order and on receipt of the said application, the respondent Cantonment Board shall consider the same and pass appropriate orders, aJter giving an opportunity to the petitioners including personal hearing, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of application from the petitioners and till such tirne, the respondent Cantonment Board sha-ll not take any coercive -,, L I --!-l! NVSt(,J W.P No I3154 of 201 1 4 steps in r3spect of the subject property. There sha-ll be no order as to <:osts Misce[aneous applications, if any pending, sha]l stand clos ec[. //TRUE COPY// S D/--A A19F SRINIVASA REDDY ISTANT REGISTRAR SEC TION OFFICER The Chief E>:ecutive Officer, Secunderabad Cantonment Board, Court House Compound, li F'.Road, secunderabad 500 003. One CC to SRI A.It4UNEENDHAR REDDY, Advocate [OPUC] One CC to SRI K R KOTESWERA RAO, SR SC FOR CANTO\MENT IoPUCI Two CD Copies To 1 2 J 4 PSK. BS w HIGH COUTIT DATED:1710412025 ORDER WP.No.131li4 ot 2011 -.].-\ c,J f. 21 An 2025 ? 1 -\' , DISPOSING OF THE WRIT PETITION WITHOUT CIOSTS \ ilr1a