M.M.Uday Sanker, S/O M.A. Madhava Rao, v. The Secunderabad Cantonment Board, Secunderabad, Rep.By

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 7517 of 2017 Order:

This Writ Petition is filed challenging the proceedings of the first respondent dated 16.02.2017 rejecting the representation of the petitioner dated 28.11.2016 in respect of building permission granted to the respondents 4 and 5 on the ground that there is a heritage property by name Sri Sadgurunama Shri Mahan Kannadi Swamiyaar Shrine and it would be affected by the constructions undertaken by the respondents 4 and 5.

The plea taken by the petitioner that the constructions proposed by the respondents 4 and 5 would be in violation of the provisions of the Ancient Monument and Archaeological Sites and Remains Act, 1958, was negatived on the ground that the Shrine was not notified under the provisions of the said Act. The first respondent has not permitted any construction in respect of the property where the Shrine is situated, but the learned counsel for the petitioner submits that in view of the constructions proposed by the respondents 4 and 5 the Shrine is going to be affected. If that is so, it is open to the petitioner to take appropriate steps for protecting the Shrine and if there is any threat by virtue of the constructions being made by the respondents 4 and 5 to take appropriate legal proceedings in accordance with law. This Court is not inclined to interfere with the order passed by the first respondent. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 03.03.2017 Nsr