IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26676 of 2014 Between:
Batchu Amarnath, S/o. B. Pandurangam, Aged about 50 years, Occ: Business, R/o. Plot No.20, New Vasavi Nagar, Karkhana, Secunderabad.
.. Petitioner AND The Secunderabad Cantonment Board, Secunderabad, By its Chief Executive Officer & another .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26676 of 2014 ORDER:
The petitioner claims to be a resident of house in Plot No.29, situated at New Vasavi Nagar, Secunderabad. The neighbour of the petitioner’s house living in Plot No.27 (2nd respondent) alleged to have illegally constructed steps on the rain water nala facing towards the petitioner’s house. The grievance of the petitioner is that such construction was illegal and the owner of Plot No.27 is not authorized to construct steps towards the house of the petitioner by encroaching into rain water nala and this is causing lot of hardship to the petitioner. Ventilating his grievance, the petitioner complained to the Cantonment Board several times and on 25.03.2014, the petitioner caused legal notice to the Cantonment Board calling upon the Board to take action against illegal encroachment on nala. The petitioner submitted a further representation on 09.06.2014. The grievance of the petitioner necessitating institution of this writ petition is that in spite of repeated representations and notice, no action is taken.
2. Having regard to the submissions made, the Writ Petition is disposed of, without expressing any opinion on merits, directing the Chief Executive Officer of the Secunderabad Cantonment Board, Secunderabad (1st respondent) to pass appropriate orders, as warranted by law, on the representation submitted by the petitioner within a period of three (3) weeks from the date of receipt of a copy of this order. It is made clear that in pursuant to the representation, if the competent authority is acting upon the representation and seeks to take adverse action against the second respondent, the second respondent shall be put on notice and be afforded an opportunity of hearing before taking any such action. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 10th September, 2014 Note: Issue C.C. in three (3) days. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26676 of 2014 Date: 10th September, 2014 KL