The High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N NO: 43105 0F 2016 Between: M/s.SeshachalaCooperativeHousingsocietyLimited,Regd.No.TAB-143, Ffbl fl".SOr- St!na"t';rr :Coiony. Ne5r Polic6 Station, West. Manedpally, - bliunl6iariao_sooo2o Rep. by'irs presiden! sri G. Kumaraiah, s/o. .late i;fi;i;il [s"d a-uoui ] r v6ars,' occ Retd J ud icial ^offlrc-er,,!1eryg!v 1pff 1o as President of Seshachala Co-operative Housing S:ociety Lto'' ry.o' t,ql Y' i8, Seshachala Co-operative Housing Society' West Marreopally' Secunderabad-500026. ...PETITIONER AND The Cantonment Board, Secunderabad, Rep' by its, Chief Executive.fficer' Secunderabad ...RESPONDENTS 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 fleased to issue a writ, order or direction more particularly, a writ of Mandamus, declaring ine action of tire Respondent in not stopping the construction activity in tt1g area earmarked for the overhead water tank in the approved lay out to be exclusively ,r"J uv tt" petitioner Society and its members and not conskcering and disposing off the'representation dated 03.12.2016 submitted by the Petitioner Society,.as arbitrary, illegal, violation of the Prrnciples of Natural Justice and contrary to the nrti"t"" 14 ind 300-A of the Constitution of lndia and consequently direci the C".ponO"nt to dispose off the representation dated 03.12.2016 and not to rnake any [nstnrction in the area earmarked for constructing an over head water tank in gr.i ,ppior"O lay out for the land belonging to the Writ Petitioner and pass such other'order or orders as the Hon'ble court may deem fit and proper in the circumstances of the case. l.A. NO:1 OF 2016(WPMP. NO: 53194 oF 2016) Petition under section 1 51 cPC praying that in the circumslances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct Respondent not to make any further construction in the area earmarked.in the registered lay out for construction of a over head water tank, in the land belonging to the Petitioner society till the disposal of the rep,resentation dated 03.12.2016 submitted by the Writ Petitioner Society pending with the Respondent herein, during the pendency of the above Writ petition Counsel for the Petitioner: SRl. S ASHOK ANAND KUMAR Counsel for the Respondent: SRI K.R KOTESWERA RAO(Sr SC FOR cANTONMENT) The Court made the following: ORDER : ! ! l I THE HONOURABLE SRI WSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.4310 5 of 2O16 ORDER: This writ petition has been filed seeking following prayer: '...declaing the action of tle Respondent in not stopping the anstruction actiuitg in the area earmarlced for the ouerhead water tank in th'e approued lag out to be exclusiuelg userl bg the Petitioner Societg and its members and not ansidering and di.sposins off the representation dated 03.12.2016 submitted bg the Petitioner Societg as arbitrary, iltegal, uiolation of the t\inciples of Natural Justice and contrary to tLe Articles 14 and 3OOA of tle Constitution of India and consequentlg direct tlw Resporud'ent to dispose of the representation dated 03.12'2016 an-d not to make anA construction in the areo earmarked 'fo' constructing an ouer head water tank in the approued lag out for the land belonging to thrz urit petitioner..,"

2. Tlne petitioner is a society and has purchased land admeasuring 43,958 sq.mtrs', in part of Sy'Nos'3' 4' 1O' 11' 13 and 17 and full extent of Sy'Nos'9 and 19' Secunderabad Cantonment Board from Mukundas Mohanlal Malani under registered Doc.No.25 of 1981' The Government issued draft 2 notilication under Section 4(1) of the Land Acquisition Act notifying land to an extent of Ac.05-01 gts., in Sy.No.9 for acquisition. Thereafter, an Award was passed in Rc.No.A2/883/7 by the DeputSr Director of So<:ial Welfare, Hyderabad holding that petitioner societ5r is entitled for an amount of Rs.29,16,348/- as compensation for ar:quisition of land to an extent of Ac.4-33 gts., out of A<:.05_Ol gts. The balance Ac.0-o8 gts., was earmarked for overtread water tank. However, the Cantonment Board is constructing park in the place earmarked for overhead water tank. In that view of the matter, petitioner societ5z has filed a representation to the Chief Executive Officer, Cantonment Board to stop work :.n the place earmarked for construction of overhead water tanl.:. Since, no response is forthcoming, petitioner is before this Court by ir,,ay of this writ petition.

3. Though various grounds are raised in the writ petition, learned counsel for the petitioners restricts his praye r seeking a direction to respondent authorities to dispose of the petitioners, representation dated 03.12.2016 in a time bound pericd.

4. Mr.K.R.Koteswar Rao, learned senior standing counsel for Cantonment Board appeaiing on behalf of respon,lent Board r i Ii I I I I 3 submits that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioners' representation, dated O3' 12'2016 and pass appropriate orders in accordance with law'

5. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioners' representation, dated O3' 12'2016 and pass appropriate orders strictly in accordartce with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order by putting all the concerned parities on notice and after giving a fair opportunity of hearing to all the concerned parties'

6. Accordingly this writ Petition is disposed of Miscellaneous applications, if any pending, shall stand closed. However, there shall be no order as to costs //TRUE COPY// D/. L. VIJAYA LAXMI STANT REGISTRAR SECTION OFFICER To, '1 . The Chief Executive Offioer, Cantonment Board, S Secunderabad. underabad,

2. One CC to SRl. SASHOKANAND KUMARAdvocate [OPUCI 3. One CC to SRl. K.R KOTESWERA RAO(SR SC FOR CANTONMENT) loPUCl Two CD Copies (0' 4 KKS GJP F j I l I I l ! i l : HIGH COURT DATED:0310712025 I ) --.i-.--'::.i:::: ,/, (,;.. il0 IiEP 295 ORDER WP.No.43105 of 2016 DISPOSING THE WRIT PETITION WITHOUT COSTS A- ? h \