IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 15858 of 1997 Between: J.Malla Reddy S/o.Satti Reddy R/o.H.No.294, Bowenpally, Secunderabad. ..... PETITIONER AND 1 The Contonment Executive Officer, Secunderabad Contonement Board, Secunderabad. 2 The Contonement Board, Sec'bad Rep. by its President Brg. Brudwar Singh, Sub-Area Comman, Bollaram Secunderabad. 3 The Officer Commander-in-chief Southern Command, Pune. 4 The Union of India Rep. by its Secretrary, Ministry of Defence New Delhi. 5 Malani Co-op. Housing Society Limited, Rep. by its President K.Madhava Reddy S/o.K.Galreddy, 1-10-313, Bapujinagar, Bowenpally, Secunderabad. ....RESPONDENTS 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 a Writ, Order or Direction to call for the records and declare the action of the respondents herein in causing hardships to the petitioner by pending his layout since 12- 11-1996 as being malicious, scandalous, discriminatory, arbitrary, fradulent, violative of Sec.181(6) of the Cantonment Act,1924 and contrary to the guarantee of right to life as enshrined in Arts.14,16 and 21 of the Constitution of India and consequently direct the respondents to pay a compensation of Rs.1,00,000 to the petitioner for the loss and injury sustained by him on account of the fraud committed by the respondents and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.S.N.PRASAD Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following O R D E R: This is a writ petition filed by the petitioner seeking to declare the inaction of the respondents in clearing the layout plan submitted by him since 12-11-1996 as arbitrary and illegal and to direct the respondents to pay compensation of Rs.1,00,000/- for the loss suffered by him on account of the fraud committed by the respondents in approving the plan submitted by the fifth respondent by showing his land as the area earmarked for the parking place of the fifth respondent-Society. The respondents opposed the writ petition by contending that the property in dispute is vested with the Cantonment Board and notice was issued under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and if there is any grievance for the petitioner, he has to approach the authority concerned for adjudication of the matter and since there is a dispute regarding the ownership of the property, the writ Court is not supposed to entertain the writ and grant any relief to the petitioner. It is an undisputed fact that there are rival claims between the parties regarding the disputed land. The petitioner claims that he is the owner of the property whereas the respondents contend that the land is a public premises. Both the parties say that there are good number of documents in support of their respective contentions. In the light of the above circumstances, it is desirable that an adjudication has to be made, after recording oral and documentary evidence, by the authority concerned and give a well-considered order touching upon the merits of the case in respect of the rights of the respective parties. Therefore, I wish to direct the authority concerned to consider the matter on merits and pass appropriate orders. In the result, the writ petition is disposed of. The Estate Officer is directed to consider the documents filed by both the parties, record oral evidence, if any, and after considering the entire material pass appropriate orders, according to law. No order as to costs. _________________ 26th February, 2008 SKM ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Contonment Executive Officer, Secunderabad Contonement Board, Secunderabad. 2 The Contonement Board, Sec'bad Rep. by its President Brg. Brudwar Singh, Sub-Area Comman, Bollaram Secunderabad. 3 The Officer Commander-in-chief Southern Command, Pune. 4 The Union of India Rep. by its Secretrary, Ministry of Defence, New Delhi. 5 2CD copies