P S SUDERSHAN Vs. SECUNDERABAD CANTONMENT BOARD

JUDGEMENT

(1.) Though interlocutory applications are listed, with the consent of the learned Counsel for the parties, the writ petition itself was heard finally and is being disposed of.

(2.) The petitioner challenges the order of the learned Chief Judge, City Civil Court, Hyderabad, dated 11.2.2003 in C.M.A. No.274 of 2001, confirming the order of the Estate Officer of Cantonment Board ordering the petitioner to remove the encroachments in 139 Sq.yards in (General Land Register Survey Number) GLR S.No.317/457. The order of the Estate Officer was passed under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Central Act No.40 of 1971) (for short, the Act) and the appellate order was passed under Section 9 of the Act.

(3.) The case of the petitioner is that the land in question belongs to Mahankali Temple, Secunderabad. As the respondent was interfering with the possession of the land on an impression that the land belongs to Cantonment Board, he made a representation to regularize the occupation as the area involved is a small extent. The petitioner also contends that he is carrying on business in the land comprised in GLR. S.No.317, which is belongs to Mahankali Temple and the respondent has no manner of right to initiate proceedings under Section 5 of the Act. After receiving notice from the Estate Officer, who is not made a party to the proceedings, the petitioner submitted an explanation contending that the land in possession is not public premises, that the GLR is not specific about the description of the land, and that the classification of the land by the Cantonment Board is improper. The Cantonment Board produced the true extract of GLR, which is maintained under Land Administration Rules framed under the provisions of the Cantonment Act, 1924. The Estate Officer placing reliance on the judgment of the Supreme Court in Chief Executive Officer v. Surender Kumar Vakil, (1999) 3 SCC 555, and comparing GLR extract as prima facie proof of title of Central Government, ordered eviction of the petitioner.