S.N.P. SINGH, J.

In this writ application under Articles 226 and 227 of the Constitution Srimati Taramani Devi, the petitioner, has challenged the validity of the notice dated the 19th of December, 1970 issued by the Cantonment Board, Dinapore, under Section 185(2) of the Cantonments Act, 1924, hereinafter to be called "the Act" (Annexure-7) and the order dated the 22nd of July 1968, passed by the Officer Commanding-in Chief. Central Command (respondent No. 2) under Section 52(1)(b) of the Act (Annexure-8).

2. The petitioner resides in a house standing on survey plot Nos. 47/288 and 47/289 bearing holding Nos. 86 and 67 of Mahal I, Ward No. VI of the Dinapore Cantonment. In the month of November, 1967, the petitioner made an application before the Dinapore Cantonment Board (hereinafter to be called "the Board") under Section 179 of the Act for addition of two rooms with lavatory and bath room in the first floor of the building and submitted the plan. The application of the petitioner was considered by the Board and by Resolution No. 2 dated the 30th of January, 1968, the sanction was accorded. According to the resolution the petitioner was required to start work within one year from the date of receipt of sanction and to complete the work within one year from the date of commencement of the work. As stated in paragraph 6 of the writ application, the petitioner on receipt of the sanction order immediately started construction in the first floor of the building and completed it in the month of April 1968. It appears that when the matter came to the notice of the Officer Commanding-in-Chief, Central Command (respondent No. 2) he in exercise of the powers vested in him under Sec. 52(1)(b) of the Act suspended for three months the resolution of the Board according sanction to the petitioner : By a letter dated the 26th of April, 1968, a copy whereof has been made Annex. 'B' to the show cause filed on behalf of respondents 3 and 4, the Officer Commanding-in-chief, Central Command, intimated to the President of the Board the order of suspension of the resolution No. 2 of the Board for three months and asked him to show cause as to why the direction be not issued to the effect that the decision as contained in the resolution of the Board should not be carried into effect. On the 13th of May, 1968, the Executive Officer of Dinapore Cantonment intimated to the petitioner that the higher authorities had suspended the resolution of the Board under Section 52 of the Act as the sanction accorded by the Board was objectionable from land point of view and was contrary to the provisions of the letter of the Government of India. Ministry of Defence. The petitioner was warned that any action taken on the resolution of the Board would be entirely at her risk and cost. A copy of that letter has been made Annexure-'2' to the writ application. The petitioner on receipt of this letter sent a reply on the 18th of May, 1968. In her reply the petitioner asserted that the sanction of the plan having not been cancelled by the Board, the construction of the structure as per the sanctioned plan was immediately taken up on receipt of the sanctioned plan and the construction was completed long time back. A copy of that letter has been made Annex. '3' to the writ application. When no reply was received from the Board by the Officer Commanding-in-Chief, Central Command, he by his order dated the 22nd of July, 1968 (Annexure-8) directed under Section 52(1)(b) of the Act that the resolution of the Board should not be carried into effect. A copy of that order has also been made Annexure-'F' to the show cause filed on behalf of respondents 3 and 4. Subsequently by a letter dated the 31st of October, 1968 (Annexure-'F' to the show cause filed on behalf of respondents 3 and 4), respondent No. 2 enquired from the President of the Board as to what action had been taken by him in the case of those houses in respect of which the Board's resolution sanctioning the plans had