A writ petition seeking the consideration of a representation becomes infructuous if a statutory appeal against the relevant administrative action is already pending before the competent authority.

ORDER:

This Writ Petition is filed challenging the action of official respondents in not considering the petitioners’ representation dated 02.02.2026.

2. Heard Mr.M.Rathan Singh, learned counsel for the petitioner, Mr.N.Bhujanga Rao, learned Deputy Solicitor General of India appearing on behalf of respondent No.1; Mr.K.R.Koteswara Rao, learned Senior Standing Counsel for Cantonment Board appearing on behalf of respondent No.2 and Mr.Ch.Venu Kumar, learned counsel for respondent No.3.

Perused the record.

3. Learned counsel for the petitioner made submissions on the lines of writ affidavit and requested this Court to direct official respondents to consider the petitioners’ representation dated 02.02.2026 as expeditiously as possible.

4. Learned Senior Standing Counsel for Cantonment Board would submit that subsequent to the representation of the petitioner dated 02.02.2026, the Chief Executive Officer, Secunderabad Cantonment Board issued notice under Section 239 of Cantonments Act, 2006 to respondent No.3 asking them to remove unauthorized construction within 3 days failing which the authorities will be constrained to initiate action.

5. A counter affidavit has been filed by respondent No.3 stating that as against the notice issued by the Cantonment Board, the daughter of respondent No.3 has filed an appeal before the Cantonment Board along with stay petition on 28.03.2026 and the same is pending for consideration.

6. At this, learned senior standing counsel would submit that they will initiate appropriate action against respondent No.3 subsequent to the disposal of the appeal filed before the Cantonment Board.

7. In view of the subsequent developments and since the appeal filed by daughter of respondent No.3 is pending before the Cantonment Board, nothing further survives for adjudication in the present writ petition and the parties shall avail their remedies in the pending appeal.

8. Accordingly, the writ petition stands closed. In addition, the respondent – Cantonment Board shall dispose of the pending appeal filed by daughter of respondent No.3 within a period of four (4) months from the date of receipt of a copy of this order. No costs.

Miscellaneous applications, if any pending, shall stand closed.