HON’BLE MRS. JUSTI CE SUREPALLI NANDA

ORDER:

Heard Mrs. D. Pramada, learned counsel appearing on behalf of the petitioner and Mr K.R. Koteswara Rao, learned Standing Counsel appearing on behalf of respondent-Secunderabad Cantonment Board.

2. The petitioner approached this Court seeking prayer as under “to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent in embarking upon taking measurement and interfering with petitioner’s possession with an intention to demolish the building in schedule property in Plot No.250, admeasuring 300 sq. yards or 250.66 sq. mtrs in survey No.74/12 or part of G.L.R.No.396 situated in the layout of Three Moorthy Weaker Sections Co-Operative Housing Society Ltd., situated at East Marredpally, Secunderabad Cantonment, Andhra Pradesh as arbitrary, illegal and violative of principles of natural justice and consequently direct the Respondent to stop all such activities including demolition and interference in Plot No.250, admeasuring 300 sq. yards or 250.66 sq. mtrs in survey No.74/12 or part of G.L.R. No.396 situated in the layout of Three Moorthy Weaker Sections Co-Operative Housing Society Ltd situated at East Marredpally Secunderabad Cantonment, Andhra Pradesh and pass such other order or orders as the Hon’ble Court deems fit and proper under the circumstances of the case.”

3. This Court, vide its order passed on 03.12.2013 in this writ petition, directed both the parties to maintain status quo and the said status quo order is in force, as on today.

4. It is specifically averred at para-9 of the affidavit filed by the petitioner in support of the present writ petition that the petitioner constructed ground and first floor in the premises situated in Plot No.250, admeasuring 300 sq. yards or 250.66 sq. mtrs in survey No.74/12 or part of G.L.R.No.396 situated in the layout of Three Moorthy Weaker Sections Co-Operative Housing Society Ltd., situated at East Marredpally, Secunderabad Cantonment.

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner would make a fresh application by paying the requisite fee and seek regularization of the construction undertaken by the petitioner and the competent authority shall decide the same, in accordance to law.

6. Learned Standing Counsel appearing on behalf of the respondent-Secunderabad Cantonment Board submits that against the judgment and decree dated 04.09.2019 passed in O.S.No.705 of 2012 by the XI Junior Civil Judge, City Civil Court, Secunderabad, the petitioner has preferred A.S.No.68 of 2019 before XII Additional Chief Judge, City Civil Court, Secunderabad, and the same was also dismissed on 06.03.2023 confirming the said judgment and decree dated 04.09.2019 passed in O.S.No.705 of 2012. Against the said judgment and decree dated 06.03.2013 in A.S.No.68 of 2019, the petitioner also preferred Second Appeal No.294 of 2023. This Court, vide its order dated 10.07.2023 in Second Appeal No.294 of 2023, directed both the parties to maintain status quo and the same is in force, as on today.

7. Taking into consideration the aforesaid facts and circumstances of the case and on perusal of the material placed on record, the writ petition is disposed of directing the petitioner to make a fresh application seeking regularization of the construction made in the subject premises i.e., Plot No.250, admeasuring 300 sq. yards or 250.66 sq. mtrs. in survey No.74/12 or part of G.L.R.No.396 situated in the layout of Three Moorthy Weaker Sections Co-Operative Housing Society Ltd., situated at East Marredpally, Secunderabad Cantonment, within a period of two weeks from the date of receipt of copy of this order by paying requisite fee duly complying with all statutory requirements. On receiving such application of the petitioner seeking regularization of the construction of ground and first floor made by the petitioner in the subject premises i.e. Plot No.250, admeasuring 300 sq