Dr. M. Anand Kumar v. The Union of lndia
Case at a glance
Provisions considered
- Constitution of India arts. 14, 19, 21, 226, 300A
- Cantonment Act, 2006
- Code of Civil Procedure, 1908 s. 151
Key paragraphs
- Para 66. In view of the above submissions, this Writ Petition is disposed of granting the petitioners a period of 60 days from today to vacate the subject premises. Till expiry of the said period, respondents shall not take any coercive steps against the petitioners. There…
Judgment
Cause title
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 no.2 in issuing the notice in Lr.No.SCB/EB/P.No.11lNutan_CHS/ 853 dated 15.05.2026 directing to vacate the premises to proceed with demolition without any further notice as illegal, arbitrary, violative of principals of natural justice, violative of the provisions of the Cantonment Act, 2006 and violative of Article 14, 19, 21 and 300A of the Constitution of lndia. t.A. NO: 1 0F 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the notice in Lr.No.SCB| EBI P.No.11l Nutan_CHS /853 dated 15.05.2026 issued by the 2nd Respondent directing to vacate the premises to proceed with demolition without any further notice. Counsel for the Petitioner: SRl. T SURYA SATISH Counsel for the Respondent No.1: SRl. N BHUJANGA RAO, Counsel for the Respondent No.2: STANDING COUNSEL Counsel for the Respondent No.3: -- DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER IN THE HIGH COURT T'OR THE STATE OT TELI\NGAITA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A 1
29.05.20.26 Betweea: Dr.M.Anand Kumar and another The Union of India, Ministry of Defence, South Block, New Delhi, Represented by its Secretary and 2 others AND
ORDER:
...Petitioners ...Respondents This Writ Petition is filed declaring the action of respondent No.2 in issuing notice vide Lr.No.SCB/EB/P.No. 1 1/Nutan_CHS/853, dated 15.05.2026 directing to vacate the premises to proceed with demolition without further notice, as illegal, arbitrary, violative of principles of natural justice, the provisions of the Cantonment Act, 2006, and Articles 14, 19, 21 and 300A of the Constitution of India.
Heard Sri T.Surya Satish, learned counsel for the petitioners and Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, for respondent No. 1. Perused the record.
The petitioners are tenants in the premises owned by the 3'd respondent situated at Hasmathpet Road, Secunderabad Cantonment, wherein they have been running their respective clinic 2 NBK,J wP 16894 2026 and business since 2019 after investing substantial amounts. The 2"4 respondent issued notice dated 15.05.2026 directing the occupants to vacate the pr:emises within 48 hours for demolition of the alleged unauthorized construction without further notice. The petitioners submit that they were neither served with any prior notice nor made parties to any pioceedings and that the construction was made with due permission. Aggrieved by.the threat of illegal eviction without due process, this Writ Petition id'filed.
l,earned counsel for the petitioners further submits that the petitioners are willing to vacate the subject premises within a period of 60 days from today.
Learned Deputy Solicitor General of India appearing for respondent Nos. 1 and 2 submits that the impugned notice dated
15.05.2026 was issued in accordance with law against the unauthorized construction. It is further submitted that though the petitioners are only tenants, the respondents have no objection if reasonable time is granted to vacate the premises.
In view of the above submissions, this Writ Petition is disposed of granting the petitioners a period of 60 days from today to vacate the subject premises. Till expiry of the said period, respondents shall not take any coercive steps against the petitioners. There shall be no order as to costs. 3 NBK,J wP 16E94 2026 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. sD/.c. ) s To,
The Secretary, Union of lndia, Ministry of South Block, New Delhi-
2. The chief Executive officer, secunderabad cantonment Board, sardar Patel Road, Court Compound, Secunderabad - 3,. t I
3. One CC to SRl. T SURYA SATISH, Advocate [OPUC] 4.onecctoSRl.NBHUJANGARAo,DeputySolicitorGeneraloflndia Advocate [OPUC]
5. Two CD Copies DAN LS HIGH COURT DATED: 2910512026 mEm WP.No.16894 ot 2026 w, laf , * ., u- .ln't.' ei:,i 4,; -=t r H:j." ISPOSING OF THE WRIT PETITION WITHOUT COSTS L
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.