Shaik Majeed v. Ceo Contonment Board Secbad And 3 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.15056 OF 2016 O R D E R :

The case of the petitioner is that he is the owner of schedule property bearing No.245, admeasuring 30 Sq.Ys., at Karkhana, Secunderabad, having purchased the same under registered sale deed dated 15.02.2010 bearing document No.2229/2007. While so, the respondents 2 and 4 are making construction in the land belonging to the Cantonment Board without obtaining permission from the Cantonment Board and also encroached the southern side common passage of the petitioner's house making the construction by touching petitioner's wall, due to which the petitioner is losing common passage and easementary rights like right to light, air etc. The petitioner also submitted his representation dated 12.04.

2016 before the 1st respondent with a request to forthwith stop all the illegal works in respect of the aforesaid property and to demolish all the illegal and unauthorised construction. Inspite of receipt of the above representation, the 1st respondent has not taken any action nor tried to stop the construction. As such, the petitioner filed the present writ petition. Heard learned counsel for the petitioner and Sri K.R.Koteswar Rao, learned Standing Counsel for the Cantonment Board.

Since the representation submitted by the petitioner on 12.04.2016 is stated to be pending before the 1st respondent, it is for him to dispose of the same. As such, the 1st respondent is directed to dispose of the representation of the petitioner in accordance with law after issuing notice to all the effected parties

and take action accordingly.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 01.06.2016 t k.