IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 20812 of 2002 Between: Mir Moazam Ali, S/o. Late Mir Mehdi Hussain, R/o. H,. No. 22--1--52 / A , Sultanapura, Hyderabad ------ 500 024. ..... PETITIONER AND The Executive Officer, Contonment Board. Secunderabad Cantonement, Secunderabad. .....RESPONDENT 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 to issue an appropriate Writ order particularly one in the nature of Writ of Mandamus by declaring the impugned action of the Respondent in not approving the plans as arbitrary and illegal and in violative of Art 14 and 300A of the Constitution of India and also may be pleased to set a side the Letter No. EB / C . Sy. No. 229/B/ Pall / 58/190 dated 29-4-2002 and letter no. EB / OP / Sy. No. 229/B'pally / 312 adn further may be pleased to direct the Respondent to approve the plans submitted on 14-3-2002 provisions of the Cantonement Act and Bye--Laws thereunder and pass Counsel for the Petitioner:MR.J.ASHVINI KUMAR Counsel for the Respondent No.: MR.Y.V.RAVI PRASAD The Court made the following : ORDER: This writ petition is filed by the petitioner seeking to declare the action of the respondent in not approving the plans submitted by him for construction of college building as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and to set aside the letter, dated 29-04-2002 and to direct the respondent to approve the plans. The petitioner made an Application along with the building plan for approval to the respondent. The respondents passed an order, dated 29-04-2002, which reads as follows: “In this connection, this is to inform you, that your above referred applications are returned herewith for the following reasons: 1. Your plot is not part of any layout plan approved by the Cantonment Board. The Board is not sanctioning any building plans on Open Plots in Cantonment area, Secunderabad. Therefore your plan cannot be considered and return the plan herewith.” Subsequently, when the petitioner resubmitted the plans, the following order, dated 03-07-2002 was passed by the respondent: “In this connection it is to inform you that the Building plans re-submitted by you, are returned herewith un-approved for the reason already stated under this Office Lr.No.EB/C.Sy.No.229/B’PALLY/58/1901 dt. 29.04.02.” If the petitioner is aggrieved by the order passed by the respondent, he has to approach the higher authorities pointing out the illegality in the order. No direction can be given to the respondent in this writ petition either to approve the plan or to act in a particular manner. No relief can be granted to the petitioner. Hence, the writ petition is dismissed. No costs. However, the petitioner is at liberty to approach the concerned authorities for the redressal of his grievance, if any. __________________ DR. G. YETHIRAJULU, J Date:28-02-2008 YCR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Executive Officer, Contonment Board. Secunderabad Cantonment, Secunderabad. 2. 2 C.D. copies.