G. Shivanarayana vs The Cantonment Board
2023 Latest Caselaw 4329 Tel

Citation : 2023 Latest Caselaw 4329 Tel
Judgement Date : 14 December, 2023

Telangana High Court

G. Shivanarayana vs The Cantonment Board on 14 December, 2023

Author: Surepalli Nanda

Bench: Surepalli Nanda

       HON'BLE MRS JUSTICE SUREPALLI NANDA

          WRIT PETITION No.33698 OF 2023


ORDER:

Heard Mr.C.M.R.Velu, learned counsel appearing

on behalf of the petitioner and Sri K.R.Koteswara Rao,

learned Standing Counsel appearing on behalf of the

respondents Cantonment Board.

2. The petitioner approached the Court seeking the

prayer as follows:

"to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondent No.1 in not taking action on the representations dated 16/05/2023, 24/05/2023, 09/08/2023, 22/11/2023 and 01/12/2023 submitted by the petitioner as arbitrary, illegal, violation of the provision of Cantonments Act, 2006 Articles 14 and 21 of the Constitution of India and consequently, demolish the illegal construction being made by Respondent No.2 on H.No. 2621/A Sikh Village, Secunderabad Cantonment and pass such other order or orders in the circumstances of the case."

3. It is the specific case of the petitioner that

respondent No.2 committed fraud and

misrepresentation in obtaining construction permission

from the Secunderabad Cantonment Board and explains

the said fraud in particular, at paragraph No.6 of the 2 WP_33698_2023 SN,J

affidavit filed in support of the writ petition which

reads as under:

"That the respondent No.2 committed fraud and misrepresentation in obtaining the construction permission from the Board in the following manner:

a) That respondent No.2 does not have title to the property because his mother, Smt.Chandramma clearly deposed in her suit O.S.No.1457/2000 that she is a tenant of Late Ramaswamy at a monthly rent of Rs.200/- per month. The same Chandramma executed a registered gift settlement deed Doc.No.69/2007 dated 12.01.2007 in favour of respondent No.2 gifting H.No.2-6-21, Sikh Village which is a clear fraud and fabrication of false document.

b) The Cantonment Board vide letter No.SCB/Tax Branch/120 dated 30.05.2019 kept the mutation done in favour of respondent No.2 in abeyance for H.No.2-6-21 on the ground that the documents submitted by him do not pertain to the said house.

c) The respondent No.2 obtained the sanction in the name of a dead person M.Shankar who died on 17.08.2013 and the construction permission was obtained on 10.02.2013.

d) That I got my plot 2-6-21/A surveyed and located by appointing the Mandal Surveyor through Panchanama dated 09-02-2010. Hence, there is no ambiguity.

e) That a title suit O.S.No.213/2023 on the file of the Hon'ble III Senior Civil Judge, Secunderabad filed by me is pending against respondent No.2."

4. The learned counsel appearing on behalf of the

petitioner submits that the petitioner vide

representations dated 16.05.2023, 24.05.2023, 3 WP_33698_2023 SN,J

09.08.2023, 22.11.2023 and 01.12.2023 explained the

misrepresentation and fraud committed by the 2nd

respondent, but however, the same were not

considered by the respondent Cantonment Board and

the 1st respondent mechanically issued proceedings

dated 14.11.2023 which reads as under:

"With reference to the representation dated 16.05.2023 your contention that Mr.M.Raju is staying in your house No.2-6-21/A and claiming it as H.No.2- 6-21. As per the decree passed in A.S.No.36 of 2018 filed by you aggrieved by the dismissal suit in O.S.No.533 of 2010 were you have failed to establish any right and with that observation while dismissing the appeal the judgment of trial court was confirmed. With reference to your other representations dated 24.05.2023 & 09.08.2023 you have relied upon Writ Petition 190 of 2019 pending before Hon'ble High Court. Upon verification of Hon'ble High Court website, no such Writ petition is pending in the name of G.Shiv Narayana.

In the light of the above your contention in above referred representations cannot be exceeded to and by virtue of such representation the building plan sanctioned in favour of Mr.M.Raju cannot be cancelled."

5. Learned counsel for the petitioner submits that by

mistake it was mentioned as W.P.No.190 of 2019, but it is

S.A.No.190 of 2021 and on that ground, the Chief Executive

Officer of Secunderabad Containment Board the 1st

respondent herein verified into the High Court website and 4 WP_33698_2023 SN,J

held that no case was pending in the name of G.Siva

Narayana and did not consider the petitioner's

representations, in accordance to law, and unilaterally issued

the impugned proceedings dated 14.11.2023.

6. Taking into consideration the aforesaid facts and

circumstances of the case and also the contents of the

proceedings dated 14.11.2023 in letter No.SCB/EB/H.No.2-5-