Telangana High Court
C.H.Prakash Rao vs The Secunderabad Cantonment Board on 29 November, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. NO. 32709 OF 2023
ORDER :
Heard Mr.Katika Ravinder Reddy, learned counsel appearing on behalf of the petitioner and Mr.K.R.Koteswara Rao, learned Standing Counsel appearing on behalf of the respondents.
2. The petitioner approached the Court seeking the prayer as follows:
"To issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.2 in revoking the Cellar Floor Permission, vide Building Permission Lr.No.SCB/EB/P.No.35/BALAMRAICHS/M"Hills/657/1051 dated 17.10.2023, of the Petitioner without prior Notice, without affording an opportunity of hearing and thereby in issuing Notice vide Lr.No.SCB/EB/Show cause Notice/P.No.35/Balamrai CHS/M"Hills/2522, dated 25.11.2023, served on 28.11.2023 at 7pm, without considering the Petitioner's Representation dated 16.11.2023 and Appeal dated 28.11.2023 as illegal, arbitrary, unconstitutional and in violation of Article 300A of the Constitution of India and Consequently direct the Respondent No.2 to restore Cellar Floor Permission vide Building Permission Lr.No. 2 SN,J W.P.No.32709_2023 SCB/EB/P.No.35/BALAMRAI CHS/M"Hills/657/1051, dated 17.10.2023 and set aside Notice vide Lr.No. SCB/EB/Show cause Notice/P.No.35/Balamrai CHS/M"Hills/2522, dt.25/11/2023, served on 28.11.2023 at 7pm, by directing the Respondent No.2 to consider the Petitioner's Representation dated 16.11.2023 and Appeal dated 28.11.2023."
3. Learned counsel for the petitioner brings to the notice of the Court that vide detailed representation dated 16.11.2023 addressed to the Chief Executive Officer, Secunderabad Cantonment Board, Secunderabad, Telangana State, the petitioner requested the Chief Executive Officer, Secunderabad Cantonment Board, Secunderabad to restore the Cellar Floor permissions and to consider Stilt Floors for parking, pertaining to building construction vide (1)Building Permit No.35/Balamrai CHS/M"Hills 657/1051 dated 20.01.2023, (2) Building Permit NO.20/Balamarai CHS/M"Hills 657/1048 dated 20.01.2023 and (3) Building Permit No.19/Balamrai CHS/M"Hills 658/1052 dated 20.01.2023 to build three individual houses, at Plot No.19, 20 and 35, Balamrai Co-operative Housing Society, Mahendra Hills, Secunderabad, which were cancelled by the respondents without issuing any prior notice and without affording an opportunity of hearing to the petitioner and to return the construction material 3 SN,J W.P.No.32709_2023 illegally seized by the Cantonment Board Office and to strictly implement injunction orders dated 14.11.2023 passed in I.A.No.722 of 2023 in O.S.No.190 of 2023, in I.A.No.723 of 2023 in O.S.No.191 of 2023, in I.A.No.724 of 2023 in O.S.No.192 of 2023 on the file of Hon'ble III Senior Civil Judge, Secunderabad and the said representation dated 16.11.2023 had been acknowledged by the 2nd respondent herein on 16.11.2023 itself, yet no action has been initiated by the 2nd respondent in this regard considering the petitioner's representation till as on date.
It is further contended by the learned counsel for the petitioner that petitioner preferred an appeal dated 28.11.2023 under Section 340 of the Cantonments Act, 2006 against the Notice issued under Section 239 of the Cantonments Act, 2006 dated 17.11.2023 to the petitioner herein and seeks a direction for disposal of the said appeal on merits within a reasonable period.
4. Mr.K.R.Koteswara Rao, learned Standing Counsel, appearing on behalf of the Secunderabad Cantonment Board submits that the representation of the petitioner dated 16.11.2023 and the appeal dated 28.11.2023 could be directed 4 SN,J W.P.No.32709_2023 to be disposed of by the 2nd respondent and the 1st respondent respectively, within a reasonable period.
5. Taking into consideration the aforesaid submissions of both the learned counsel on record, the writ petition is disposed of directing the 2nd respondent to consider the petitioner's representation dated 16.11.2023 within a period of one (01) week from the date of receipt of the copy of the order, in accordance to law, in conformity with principles of natural justice by providing reasonable opportunity of personal hearing to the petitioner. Till the exercise as stipulated above is initiated and concluded within a period of one (1) week from the date of receipt of copy of the order, both the petitioner and Secunderabad Cantonment Board are directed to maintain status quo as on date, in respect of Plot No.35, admeasuring 488.88 sq. yards or 408.78 sq. meters in Sy.No.74/6, Balamrai Co-operative Housing Society Limited, Mahendra Hills, East Maredpally, Secunderabad.
The 1st respondent is also directed to dispose off the Appeal dated 28.11.2023 preferred by the petitioner under Section 340 of the Cantonments Act, 2006 5 SN,J W.P.No.32709_2023 aggrieved against the Notice issued Under Section 239 of the Cantonments Act, 2006 dated 17.11.2023 to the petitioner herein within a period of eight (08) weeks from today. Till the Appeal dated 28.11.2023 preferred by the petitioner is disposed off on merits by the 1st respondent in accordance to law in conformity with principles of natural justice by providing reasonable opportunity of personal hearing to the petitioner, the respondents shall not take any coercive steps of seizure and demolition in respect of petitioner's subject property bearing Plot No.35, admeasuring 488.88 sq. yards or 408.78 sq. meters in Sy.No.74/6, Balamrai Co-operative Housing Society Limited, Mahendra Hills, East Maredpally, Secunderabad.
Miscellaneous petitions, if any, pending shall stand closed.
__________________ SUREPALLI NANDA, J Date: 29.11.2023 Note : CC by today B/o. Yvkr.