IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25126 of 2007 Between: 1 Smt. G.Padmaja W/o.G. Bhaskar Rao R/o Plot No. 17, Sri Swamy Ayyappa Cooperative Housing Society, Chinna Thokatta,New Bowenpally, Secunderabad. 2 P. Hanumantha Rao S/o. Seetaiah R/o Plot No. 16, Sri Swamy Ayyappa Cooperative Housing Society, Chinna Thokatta,New Bowenpally, Secunderabad. 3 Chait Ram Singh S/o. Sona Singh R/o Plot No. 42, Sri Swamy Ayyappa Cooperative Housing Society, Chinna Thokatta, New Bowenpally, Secunderabad. 4 Mohd. Irfan S/o. Abdul Aziz R/o Sy.No. 231 & 235, Sri Swamy Ayyappa Cooperative Housing Society, Chinna Thokatta,New Bowenpally, Secunderabad. 5 Syed Abdul Moiz S/o.S.A. Kaleem R/o Sy.No. 231 & 235, Sri Swamy Ayyappa Cooperative Housing Society, Chinna Thokatta, New Bowenpally, Secunderabad. ..... PETITIONER(S) AND 1 Secunderabad Contonment Board, Rep. by its Chief Executive Officer, City Civil Court Campus, Secunderabad. 2 The Voltas Employees Cooperative House Building Society Ltd., Rep. by its Secretary K. Srininivasa Rao, Regd No. TAB-508, D.No. 4-161, First Floor, Madhavi Nagar, Ferozguda, Hyderabad.11 .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the orders of the 1st respondent in Lr.Nos.SCB/EB/Swamy Ayyappa CHS/4018, 4017, 4019, 4016, 4015 dt. 23-11-2007 respectively ordering demolition of petitioner's residential houses, as arbitrary illegal, contrary to the principles of natural justice violative of the Fundamental and Constitutional Rights guaranteed under the Constitution of India and consequently set aside the same and pass such other order or orders Counsel for the Petitioner: MR.S.SRINIVAS REDDY Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE The Court made the following: O R D E R : This writ petition has been filed by the petitioners who are five in number with a prayer to issue a writ of mandamus declaring the orders of 1st respondent-Secunderabad Cantonment Board represented by its Chief Executive Officer in letter Nos.SCB/EB/Swamy Ayyappa CHS/4018, 4017, 4019, 4016 and 4015 dated 23.11.2007 ordering demolition of the petitioners’ residential houses as illegal, arbitrary and contrary to the principles of natural justice and violative of fundamental rights guaranteed under the Constitution of India. Heard learned counsel appearing for the petitioners and learned Standing Counsel for 1st respondent-Secunderabad Cantonment Board and learned counsel appearing for 2nd respondent. In view of the order proposed to be passed the pleadings of the parties are not required to be dealt with elaborately. Learned counsel appearing for the petitioners submits that the petitioners submitted representations to the 1st respondent to accept reasonable composition for making unauthorized constructions over the flats owned by them. Since their representations are pending consideration, any steps taken for demolition of their residential houses would cause great prejudice to them. Learned counsel appearing for the 2nd respondent submits that proceedings came to be initiated on the directions issued by this Court in a writ petition filed by it and therefore the proceedings cannot be intervened at this stage. A fact remains that the petitioners submitted representations on 30.11.2007 to 1st respondent to invoke the power vested with it under the proviso to Section 248 of Cantonment Board Act, 2006. It is for the 1st respondent to consider the representations of the petitioners and pass appropriate orders. This writ petition is disposed of directing the 1st respondent to dispose of the representations of the petitioners and till the disposal of the representations filed by the petitioners herein there shall be status quo existing as on this date. While disposing of the representations 1st respondent shall put on notice 2nd respondent herein also. No costs. 24th June, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETIION NO.25126 OF 2007 24TH JUNE 2008.