THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

Heard learned counsel for the petitioners and learned Standing Counsel for respondent – Cantonment.

Perused the record.

2. This writ petition is filed seeking following prayer:-

“ declaring the action of the respondent in seeking to demolish petitioners residential house in Plot Nos. 242 and 243 in Sy.No.74/6 Balamrai Cooperative Housing Society, Mahendra Hills, Secunderabad Cantonment pursuant to the proceedings in Lr.No.SCB/EB/P.No.242 and 243/Balamrai CHS/M Hills/814/1163/1698, dated 23.07.2010 issued under section 320 of the Cantonments Act, 2006 as arbitrary, illegal unjust, violative of principles of natural justice discriminatory colourable exercise of power non application of mind to the relevant material available on record contrary to the procedure contemplated under the Cantonments Act 2006 violative of the Fundamental Rights guaranteed under Articles 14 19 and the Constitutional Right guaranteed under Article 300A of the Constitution of India and consequently set aside the impugned order and direct the respondent not to demolish the aforesaid house.”

3. Today when the matter is taken up for hearing, learned counsel for the petitioners submits that in similar circumstance this Court disposed of W.P.No.13909 of

2011 on 27.02.2025 and passed the following order:-

“This Court deems it fit and proper to dispose of the present writ petition directing the petitioners to submit an application in the prescribed proforma along with required documents before the respondent Cantonment Board within a period of two (02) weeks from the date of receipt of a copy of this order and on receipt of the said application, the respondent Cantonment Board shall consider the same and pass appropriate orders, after giving an opportunity to the petitioners including personal hearing, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order and till such time, the respondent Cantonment Board shall not take any coercive steps in respect of the subject property.

Accordingly, the present writ petition is disposed of. No order as to costs.”

4. Learned counsel for the petitioners further pray this Court to pass similar orders as passed in W.P.No.13909 of 2011 on 27.02.2025.

5. Learned Standing Counsel appearing for respondent – Cantonment did not dispute the same.

6. Recording the submission made by learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.13909 of 2011 on 27.02.2025, this writ petition is disposed of directing the petitioners to submit an application in the prescribed proforma along with required documents before the respondent Cantonment Board within a period of two (02) weeks from the date of receipt of a copy of this order and on receipt of the said application, the respondent Cantonment Board shall consider the same and pass appropriate orders, after giving an opportunity to the petitioners including personal hearing, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of application from the petitioners and till such time, the respondent Cantonment Board shall not take any coercive steps in respect of the subject property. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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JUSTICE N.V. SHRAVAN KUMAR April 17, 2025 PN THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR April 17, 2025 PN