Secunderabad Cantonment Board, Secunderabad v. A. Susheel Kumar @ Susheel Goud
2012-09-25
PINAKI CHANDRA GHOSE, VILAS V.AFZULPURKAR
body2012
DigiLaw.ai
JUDGMENT PINAKI CHANDRA GHOSE, J. 1. This writ appeal is directed against the order dated 29.6.2011 passed by the Hon'ble Single Judge, in WP No. 12514 of 2011. 2. The respondent herein filed WP No. 12514 of 2011, questioning the action of the appellant-Secunderabad Cantonment Board, in pasting letter notice dated 23.4.2011 at the premises of the petitioner directing him to vacate his premises within 24 hours from the date of pasting the notice, to enable the appellant-authorities to demolish the premises on Bungalow No. 15, Risalabazaar, Bollarum, Secunderabad. 3. The Hon'ble Single Judge, after considering the matter, disposed of the writ petition, alongwith other similar WP Nos. 12512, 12513, 12523, 16670 and 17222 of 2011, by a common order, observing that under Section 340 of the Cantonments Act, 2006 (for short, the Act), a remedy of appeal is available to the writ petitioners, and granted liberty to the writ petitioners to avail such remedy within two weeks from the date of the said order. The Hon'ble Single Judge also directed the appellate authority to pass appropriate orders in the appeal following due process of law and till such time, granted stay of demolition of the structures in question. 4. Being aggrieved and dissatisfied with the said order, the appellant-Cantonment Board has filed this appeal. 5. Heard the learned Counsel for the parties. 6. The case of the appellant is that according to the provisions of the Act, by exercising power vested in the Cantonment Board, it proceeded against the unauthorized construction and the writ petitioner has not preferred any appeal questioning the statutory notice issued under Section 248 of the Act, resulting in issuance of final notice. By virtue of the order passed by the Hon'ble Single Judge, though the writ petitioner has no right over the unauthorized construction in question, he got right to carry on till the appeal is disposed of. 7. It appears that the respondent writ petitioner pleaded before the Hon'ble Single Judge that notice under Section 248(1) of the Act was not served on him at any point of time. Hence, the Hon'ble Single Judge permitted the writ petitioner to file an appeal under Section 340 of the Act, within two weeks time from the date of the order. 8.
Hence, the Hon'ble Single Judge permitted the writ petitioner to file an appeal under Section 340 of the Act, within two weeks time from the date of the order. 8. It is also submitted by Sri Deepak Bhattacharjee, learned Counsel appearing in support of this appeal that the said appeal has already been filed in the matter by the petitioner before the appellate authority and the same would be disposed of. 9. In the circumstances, we think that it would be appropriate for us to dispose of this appeal directing the appellant to dispose of the appeal filed by the writ petitioner before the appellate authority within a period of two months from the date of communication of this order. 10. The writ appeal is accordingly disposed of. No costs.