K BABU Vs. CANTONMENT EXECUTIVE OFFICER

JUDGEMENT

(1.) Dr.K.Babu, writ petitioner, filed the present writ petition praying for a writ of Mandamus declaring the action of the first respondent in rejecting his application for permission for construction of compound wall, vide Lr.No.EB/P.No.32/Seva Mandal CHS/EM'pally 38/2132, dated 13.06.2006, on the ground that he has not obtained No Objection Certificate (NOC) from the Hyderabad District Collector and Airport Authority of India as illegal, arbitrary, without jurisdiction and consequently direct the respondents to accord permission for construction of compound wall in respect of the property in question forthwith, and to pass such other suitable orders.

(2.) A counter affidavit is filed by the first respondent.

(3.) Sri P.R.Prasad, learned counsel representing the petitioner, had taken this Court through Sections 2(4) and 194 of the Cantonments Act, 1924 (for short hereinafter called 'the Act', for the purpose of convenience) and also had drawn the attention to the corresponding provisions under the Cantonments Act, 2006 (Act 41 of 2006). The learned counsel would contend that the objections raised in the counter affidavit are not tenable.