Shri Surendar Bantia vs Union Of India
2023 Latest Caselaw 3575 Tel

Citation : 2023 Latest Caselaw 3575 Tel
Judgement Date : 6 November, 2023

Telangana High Court

Shri Surendar Bantia vs Union Of India on 6 November, 2023

Bench: Surepalli Nanda

         HON'BLE MRS. JUSTICE SUREPALLI NANDA

             WRIT PETITION No.10352 OF 2023


ORDER:

Heard Sri Chandrasen Reddy, learned Senior Counsel

appearing for the petitioner, learned counsel representing

learned Deputy Solicitor General of India, appearing for

respondent No.1 and Mr.K.R.Koteshwar Rao, learned

Standing Counsel for Cantonment Board appearing for

respondent No.2.

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 action of respondent No.2 in issuing the impugned letter vide Lr.No.SCB/EB/Vacation Notice/ 701 dated 10.04.2023 directing the petitioner to vacate the premises bearing Bungalow No.207, Sikh Road, Secunderabad Cantonment within three days from the date of notice for demolition of unauthorized construction in the said premises as illegal, arbitrary, violative of principles of natural justice and against all settled principles of law and consequently set aside the same."

PERUSED THE RECORD.

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3. Additional Counter affidavit has been filed by respondent

No.2, in particular relevant portion at paragraph No.5 of the said

additional counter affidavit filed by respondent No.2, reads as

under:

"the petitioner has not given the details of nature of construction erected in 500 Sq.Yds. of land and no details are furnished as to how many floors are constructed and what is the FSI (Floor Space Index) utilised, and these details are to be drawn in a Plan with clear-cut measurements from a certified Architect and the same should be enclosed with the Representation to Board for consideration. But, in the Representation dated 13.12.2016, no such details have been furnished, hence the Application is defective even to look into that aspect or forwarding the same to the Defence Estate Officer for his consideration, as per the statute."

4. The learned Senior Counsel appearing on behalf of the

petitioner submits to this Court that the petitioner along with his

mother Smt.Umrao Bantia, had filed O.S.No.75 of 2003, on the

file of the Court of the learned Judge - cum - Additional Chief

Judge, Family Court, Secunderabad, for declaration that the suit

schedule property admeasuring 500 sq.yards, forming the part of

Bungalow No.207 is freehold land of the plaintiffs and for

consequential permanent injunction against the union of India

and Secunderabad Cantonment Board, restraining their agents,

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workers, employees claiming through them from interfering with

the peaceful possession and enjoyment of the said subject suit

schedule property by showing the value of property

@Rs.21,50,000/- and the said suit was decreed by a Judgment

and Decree dated 31.12.2014 and as per the Decree, the Court

had directed the petitioner and his mother/plaintiffs to approach

the respondents/defendants for regularization of their possession

and enjoyment of the property and the structures therein and on

such approach by the petitioners/plaintiffs, the 2nd Defendant

Board to exercise the powers under Section 248 of the

Cantonments Act within a reasonable time and further the Court

had directed the defendants thereunder i.e., the respondents

herein not to evict the petitioner and his mother/plaintiffs in

O.S.No.75 of 2003 without resorting to the due course of law.

5. It is submitted by the learned Senior Counsel appearing on

behalf of the petitioner that the said judgment and decree dated

31.12.2014 in suit O.S.No.75 of 2003 on the file of the learned

Judge-cum-Additional Chief Judge, Family Court, Secunderabad

has become final as there is no order setting aside or suspending

the operation of the decree. The last paragraph of the said

Judgment dated 31.12.2014 passed in W.P.No.10352 of 2023 on

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the file of the learned Judge-cum-Additional Chief Judge, Family

Court at Secunderabad, reads as under:

"In the result and in view of the Court's findings on Issues No.1 to 6, this Court directs the plaintiffs to approach the defendants for regularisation of their possession and enjoyment of the suit schedule property and the structures thereon. On such approach by the plaintiffs, the 2nd defendant to exercise the powers U/S.248 of the Cantonments Act, 2006 within a reasonable time. Defendants not to evict the plaintiffs without resorting to the due process of law as an injunction is granted in favour of the plaintiffs while answering Issue No.6. Suit is decreed in part accordingly. Each party do bear their own costs.

As the main case itself is disposed of on merits, any other interim applications, miscellaneous petitions, etc., if any, are deemed to have been closed."

6. It is represented by learned Standing Counsel appearing

on behalf of respondent No.2 that the petitioner may be directed

to submit a detailed representation duly addressing the defects

as pointed out in the additional counter affidavit at paragraph

No.5 and upon such representation being made to the 2nd

respondent, the same would be considered in accordance to law

as per statue by giving reasonable opportunity to the petitioner

in conformity with principles of natural justice but the petitioner

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however should strictly confine to the decree and judgment

obtained in his favour in the Court below.

7. Taking into consideration the said submission made by