HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

The Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “...pleased to issue the direction or directions, more particularly in the nature of writ of Mandamus declaring the inaction of the respondent Nos.1 to 3 in taking steps against the un-authorized structures raised by respondent No.4, inspite of Note Sheet and Inspection report dated 08.05.2023 as, illegal, arbitrary and unconstitutional also in violation of the provisions of the Cantonment Act and consequentially direct the Respondent Nos.1 to 3 to remove the un-authorized structures raised by respondent No.4 in H.No.SCB 4-24-017, Vijayanagar Colony, Picket, Secunderbad and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and in the interest of justice and to pass...”

2. Heard Sri P.Raj Kiran, learned counsel for the petitioner, Ms. Archana, learned counsel appearing on behalf of learned Deputy Solicitor General of India for respondent Nos.1 and 2, Sri K.R.Koteswera Rao, learned Standing Counsel for respondent No.3-Board and, with their consent, this writ petition is being disposed of at the admission stage. In view of the relief sought for in this writ petition, issuance of notice to respondent No.4 is dispensed with.

3. It is stated that the petitioner is the owner and possessor of Plot No.4, H.No.4-2-16 in Survey Nos.32, 33 and 34 situated at Vijay Nagar Colony, Picket, Secunderabad. It is further stated that having noticed that respondent No.4 is encroaching the public road/pathway and making illegal constructions, which are causing obstruction to the free flow of traffic and posing a threat to the public safety, the petitioner has made several representations on the file of respondent No.3 for removal of the said alleged encroachments.

4. Sri K.R.Koteswera Rao, learned Standing Counsel for respondent No.3-Board, submits that, acting on the representations submitted by the petitioner and other neighbouring residents of the locality, respondent No.3- Board has initiated eviction proceedings under Section 4(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short, “the Act”) and the said enquiry is pending since 2023.

5. As seen from the submissions, the enquiry has been initiated in the year, 2023 for removal of encroachments in the public premises. It is very unfortunate that, even after a period of two (02) years, the respondents are not in a position to remove the illegal encroachments. Since there are serious allegations regarding illegal encroachments on the public road/pathway, which are causing obstruction to the free flow of traffic and posing a threat to local residents, this Court is of the view that the ends of justice would be met if respondent No.3- Board is directed to take immediate action, pursuant to the eviction proceedings under Section 4(1) of the Act, after hearing the petitioner as well as all other interested and effected parties and pass appropriate orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No Costs.

Consequently, miscellaneous applications, if any, pending shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY

20.06.2025

EDS