HON’BLE THE CHIEF JUSTICE SHRI G.S. SINGHVI AND HON’BLE SHRI JUSTICE C.V. NAGARJUNA REDDY Writ Petition No. 17874 of 2007 Between: A. Vijayalakshmi … Petitioner And The Chief Executive Officer, Cantonment Board, Secunderabad & another … Respondents :: O R D E R :: Counsel for the petitioners : Shri K. Joe Rathan Raj August 30, 2007 Per G.S. SINGHVI, CJ In this petition, the petitioner has prayed for issue of a mandamus to the respondents not to dispossess her from house bearing Municipal No. 127 in Survey No. 194/1 situated at Gandhinagar, Secunderabad. She has also prayed for suspending proceedings No. EB/UAC/Sy.No.194/1/VaniCHS/1846 dated 26.05.2007. We have heard Shri K. Joe Rathan Raj, learned counsel for the petitioner and are convinced that the writ petition is liable to be dismissed because; (1) the petitioner has not impleaded the Cantonment Board as party to the writ petition. The Chief Executive Officer of the Cantonment Board is only a functionary of the Board and not the Board itself which can sue and be sued in its own name, and (2) the petitioner has not prayed for quashing notice dated 26.05.2007. With the above observations, the writ petition is dismissed. However, keeping in view the fact that the defect noted in the earlier part of this order may not be attributable to the petitioner, we deem it proper to give her liberty to file fresh petition on the same cause and also challenge notice dated 26.05.2007. As a sequel to dismissal of the writ petition, W.P.M.P.No.22909 of 2007 filed by the petitioner for interim relief is also dismissed. G.S. SINGHVI, CJ C.V. NAGARJUNA REDDY, J August 30, 2007 ksld