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2016 Supreme(AP) 453

S.V.BHATT
Anand Bala – Appellant
Versus
Union of India Rep. by its Military Estates Officer A. P. Circle, Secunderabad – Respondent


Advocates Appeared:
For the Petitioners:D.V. Seetharam Murthy, Advocate.
For the Respondents:R1, R3, R4, S. Siva Kumari, R2, Deepak Bhattacharjee, Advocates.

JUDGMENT :

1. Heard Mr.D.V. Seetharammurthy, learned senior counsel for petitioners, Ms.S.Siva Kumari, learned counsel for respondents 1, 3 and 4 and Mr. Deepak Bhattacharjee for respondent No.2.

2. The petitioners pray for Mandamus declaring the action of respondents in closing down the Lake Lines Road (for short LLR) (a public thoroughfare) in Bolarum, Secunderabad, as illegal, without jurisdiction, arbitrary and violative of Articles 14, 19 (1) (d) and 21 of the Constitution of India and consequently direct respondents to reopen the LLR.

3. The petitioners through the instant writ petition seek for enforcement of their alleged right of ingress and egress through LLR. The petitioners, on the one hand, rest the claim on the alleged easementary right, easement of necessity and on the other LLR as a public thoroughfare, forming part of Cantonment Area.

4. Per contra, the respondents stoutly deny existence of any right in petitioners and justify closure of LLR for safety and security of vital installations, including defence areas in the changed scenario. The respondents firstly deny










































































































































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