RISHI KANTH NARESH BETHA Vs. SECUNDERABAD CANTONMENT BOARD

JUDGEMENT

(1.) Heard Sri M. Hareesh Kumar, learned counsel representing Sri Zeeshan Adnan Mahmood, learned counsel for Petitioner, Sri K. R. Koteswara Rao, learned Standing Counsel for Respondent No. 1, Sri. P. Venugopal, learned Senior Counsel assisted by Sri Ch. Jaya Krishna, learned counsel for Respondent No.2.

(2.) It is the case of Petitioner that he is the owner of H. No. 2-6-7/8, admeasuring 65.55 Sq. Yards or 54.34 Sq. Meters situated at Sikh Village, Secunderabad Cantonment, Telangana having inherited the same from his father Betha Mallesh, who expired on 20/6/2015. The said Mallesh purchased the same from Ganta Sangeetha, wife of Ganta Rana Prakash Yadav by virtue of a registered Sale Deed dtd. 19/9/2002 bearing document No. 1425 of 2002 of the office of Sub Registrar, Bowenpally.

(3.) Learned counsel for petitioner after reiterating the pleadings, took this Court to the Judgment in O.S. No. 1182 of 1992, in detail, by showing this Court the contention of the father/predecessor in title of Respondent No. 2 in the suit which is nearly identical to his case in the present proceedings, the issue framed by the Civil Court and the ultimate decision rendered by the Civil Court. He vociferously contended that once the civil Court has decided the issue and categorically held that the subject lane is a public lane and the said judgment has attained finality on the dismissal of the appeal against it, it is the statutory duty on the part of Respondent No. 1 to ensure that access to the said lane is not restricted in any manner and there is no construction made on the said public lane. Placing reliance on the photographs and the representations dtd. 20/2/2025, 3/3/2025 and 30/10/2025 given by Petitioner, it is contended that there is a clear dereliction of duty by Respondent No. 1, as such, Petitioner was constrained to file the present Writ Petition.