J MALLA REDDY Vs. CANTONMENT EXECUTIVEOFFICER

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner seeking to declare the inaction of the respondents in clearing the layout plan submitted by him since 12. 11. 1996 as arbitrary and illegal and to direct the respondents to pay compensation of Rs. 1,00,000.00 for the loss suffered by him on account of the fraud committed by the respondents in approving the plan submitted by the fifth respondent by showing his land as the area earmarked for the parking place of the fifth respondent-Society.

(2.) THE respondents opposed the writ petition by contending that the property in dispute is vested with the Cantonment Board and notice was issued under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and if there is any grievance for the petitioner, he has to approach the authority concerned for adjudication of the matter and since there is a dispute regarding the ownership of the property, the writ Court is not supposed to entertain the writ and grant any relief to the petitioner.

(3.) IN the light of the above circumstances, it is desirable that an adjudication has to be made, after recording oral and documentary evidence, by the authority concerned and give a well - considered order touching upon the merits of the case in respect of the rights of the respective parties. Therefore, I wish to direct the authority concerned to consider the matter on merits and pass appropriate orders.