IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITIONS No. 6928 OF 2026

09.03.2026 Between:

Amitesh Jeet Singh Rep. by GPA Holder Major JBS Anand (Retd)

….. Petitioner And The Union of India, Rep. by its Secretary-Defence, New Delhi & another ….. Respondents

O R D E R:

The rejection order dated 19.02.2026 (received by petitioner on 27.02.2026) and the order dated 23.02.2026 (received by petitioner on 27.02.2026) directing petitioner to vacate the schedule premises within seven days from the date of receipt of the letter so as to enable the 2^nd Respondent Cantonment Board to demolish their structure is challenged in this Writ Petition.

2. Petitioner claims to be the owner and possessor of the dwelling unit bearing Flat no. 183, Ground floor, Type -IV, Sector -A, Plinth 1068 Sq. Ft plus 227 Sq. Ft of ECGCSR and un-divided share of land admeasuring 103 Sq. Yds and compound area of 245 Sq. Yds at total of 348 Sq. Yds covered by Sy. No 157/1 of Thokatta Village and in Sy. No. 56/2, Kakaguda Village, Goutham Enclave, Sector-A, Secunderabad Cantonment, Tirumalgherry Mandal, Secunderabad having purchased the same from Sri Venkateshwar Rao Yerra vide registered sale deed dated 31.08.2010. According to petitioner, schedule property was constructed by Army Welfare Cooperative Housing Society Limited long back in 1987.

2.1. Petitioner states that the Army Welfare Cooperative Housing Society Limited, Secunderabad is working under the Army Housing Welfare Organization, New Delhi which constructed 380 dwelling units in Phase-II project of Secunderabad. Earlier Phase-I was constructed by the said Organization. The construction was to be a two-storied complex of four Type-IV Units and Blocks of eight Type-III Units. All the flats on the ground floor level were to have a small compound and the ground floor flat owners have to bear the additional cost of the compound wall. Thus the purchasers of the ground floor units paid additional amounts for the land appurtenant to the apartment purchased by them along with the compound wall and gate.

2.2. Originally, Army Welfare Organization allotted unit No. 183 in favour of one Col. M.A. Ali in 1988. However, a document Deed of Conveyance was executed by the Society in favour of the said Col. M.A. Ali who subsequently sold the property in favour of one Venkateshwar Rao Yerra from whom petitioner is stated to have purchased the same; thus Petitioner is the absolute owner and possessor of the premises and also the appurtenant land admeasuring 248 Sq. yds.

2.3. As the land in front of the dwelling unit was also purchased by petitioner, he raised a room by extending his dwelling unit purely for Vaastu purpose on advice of Vaastu Pandits. Then the resident of unit No. 184 above Petitioner's unit ie. T.G.K. Mahadev filed O.S. No. 170 of 2011 on the file of the I Addl. Chief Judge, City Civil Courts, Secunderabad against Petitioner and the 2nd Respondent Board and another praying for a mandatory injunction to remove the room in front of the dwelling unit at ground floor alleging that the same is constructed by encroaching upon the open place and to remove the extension of roof on the sides of dwelling unit of ground floor under the suit dwelling unit. The suit was dismissed on 28-12-

2018.

2.4. Aggrieved thereby, it is stated, Sri Mahadev filed CCCA No.23 of 2020 on 23.01.2020, however, during the interregnum, the 2nd Respondent Board issued the notice dated 08-03-2019 stating that Petitioner had made additional construction and alteration, giving the details of the same in the said notice and further stating that O.S. No.170 of 2011 was dismissed. This action of the 2^nd Respondent is illegal. Petitioner was asked to stop construction within 48 hours and show cause within three days. Immediately thereafter on 16.03.2019, Petitioner submitted explanation / representation clearly stating that the room was constructed in 2011 which was noted even by the Court in O.