Nakkala Kishore Yadav v. Secunderabad Cantonment Board

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.12134 OF 2019 ORDER:

This writ petition is filed with the following prayer: " to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the inaction of the respondent in not passing order on the application of the petitioners for permission to construct compound wall in respect of house bearing Nos113-68 to 70 (Old H.No.44), situated at Balamrai Village, Secunderabad Cantonment, as illegal, arbitrary and unconstitutional and to issue a consequential direction to the respondent to consider and grant the permission to the petitioners for construction of compound wall in respect of house bearing Nos 1-13-68 to 70 (Old H.No.44) situated at Balamrai Village, Secunderabad Cantonment, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." Learned Standing Counsel for respodnent submits that the 1st respondent has communicated the petitioners that there are some deficiencies in the application made by the petitioners for grant of construction of compound wall in respect of subject house.

Learned counsel for the petitioners submits that every time, the 1st respondent is communicating certain objections for grant of permission for construction of compound wall and the petitioners have complied with all the deficiencies pointed out by the 1st respondent in letter dated 03-06-2019 and again deficiencies are pointed out.

Heard learned counsel for the implead petitioners. The objections of implead petitioners were already considered in pursuance to the orders in WP.No.33723 of 2018, dated 24-09-

2018 against grant of permission to petitioners and appropriate orders were passed on 08-05-2019 and the same was challenged in WP.No.12619 of 2019, which was upheld by this Court. In view of the same, it is open for the petitioners to comply the deficiencies and on complying the same, the 1st respondent is directed to consider the application of the petitioners for grant of construction of compound wall in respect of subject house and take action.

Accordingly, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 25-07-2019 Nvl