IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19656 of 2008 Between: Pervez Rusthumji Bangali, S/o. Rusthumji Bangali, R/o. Bungalow No. 148, Balamrai, Secunderabad Cantonment, Secunderabad. ..... PETITIONER AND The Estate Officer, (Under Control Act 40 of 1971). A.P. Circle, Secunderabad Cantonment, Secunderabad 500 003. .....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 or direction,more particularly the one in the nature of Writ of Mandamus declaring the action of the respondent in refusing to give even a minimum opportunity of ﬁling the documents and in refusing to furnish copies of documents available with him and in concluding the enquiry within one day without giving opportunity of adducing evidence and producing documents in case No. 21/188/EV/Sy.No. 736/B.No. 148 dated 4-8-2008, as illegal, arbitrary, unjust and malaﬁde, unfair and against the principles of natural justice and to consequently direct the respondent to give adequate time and opportunity to ﬁle documents and to adduce evidence and to furnish the copies of all documents on which the respondent is relying to state that the property is a public property and to pass Counsel for the Petitioner:MR.K.SARVA BHOUMA RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : O R D E R: This Writ Petition has been ﬁled by the petitioner assailing the action of respondent in refusing to give reasonable opportunity for filing documents. The petitioner claims to be in possession of Bunglow No.148 situated at Balamrai, Secunderabad Cantonment. The respondent issued a notice under section 7(3) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 directing the petitioner to show cause on or before 20-8-2008 as to why the order requiring him to pay the damages to the tune of Rs.6,40,14,491-00 together with interest should not be made. The petitioner appeared before the respondent and submitted his explanation. It is the grievance of the petitioner that the respondent is not inclined to grant reasonable time and proceeding to adjudicate upon the rights of the petitioner. When the writ petition came up for admission, learned Standing Counsel for Secunderabad Cantonment Board received notice on behalf of the respondent. Learned Standing Counsel for Secunderabad Cantonment Board submits that the respondent has not yet passed orders subsequent to the petitioner ﬁling his explanation to the notice served under section 7(3) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. In that view of the matter, this writ petition is disposed of directing the respondent to give a month’s time from today to enable him to substantiate his contentions in the explanation given to the notice issued under section 7(3) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The petitioner shall appear before the respondent on 15.9.2008 and receive further date of adjournment of the case for placing the documents in his behalf. No costs. 9th September, 2008. (B.Seshasayana Reddy,J) cc in two days/tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.19656 OF 2008 9TH SEPTEMBER, 2008