P GYAN CHANDER Vs. SECUNDERABAD CANTONMENT BOARD

JUDGEMENT

(1.) The petitioner claims that he allegedly purchased plot No. 17, admeasuring 232 Sq. yards in S.No. 157/9 (New S.No.157/ 10) situated at Thokatta Village, Secunderabad, by registered sale deed dated 16.8.1982. According to the petitioner plot No. 17 forms part of layout approved by Secunderabad Cantonment Board in favour of Government Press Employees Co-operative House Building Society Limited, Chanchalguda, Hyderabad (for short, the Society). The petitioner approached the first respondent by making an application on 18.12.1999 for construction of residential building. By letter dated 30.12.1999 first respondent rejected the request for building permission on the ground that the plot does not form part of the sanctioned layout. Assailing this order, present writ petition is filed.

(2.) The writ petition is opposed by first respondent by filing counter-affidavit. In the counter-affidavit filed by the Executive Officer of the Cantonment Board, it is stated that the layout in favour of the Society was sanctioned in 1987 and therefore the petitioner could not have purchased plot No. 17 in the lay out sanctioned in 1987 which has shown the same as owner's land and therefore the petitioner cannot claim any right over the land especially when civil suits are pending between petitioner and third respondent. Reliance is also placed on bye-law 14 of layout byelaws of the Cantonment Board.

(3.) Third respondent also filed a counter-affidavit alleging that he has purchased plot No. 12 from the Society and that plot No. 12 is none other than plot No. 17 and therefore the petitioner has no right over the plot. It is also stated that petitioner filed a suit against third respondent for perpetual injunction and counter suit filed by third respondent is also pending before Court of XI Additional Senior Civil Judge, City Civil Court, Secunderabad, being O.S. No. 1424 of 1999 filed by the third respondent and O.S. No. 1427 of 1999 filed by petitioner. Both the suits are still pending.