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Judgment
Regard being had to the controversy involved in the aforesaid cases, they were heard together and are being decided by a common order.
The facts of W.P.No.8942 of 2022 are reproduced as under:-
The petitioner before this Court has filed this present writ petition stating that he is the owner of land in Survey Nos.96/e, 97/a, 98/1 (part of 96,97,98) of Trimulgherry Village and Mandal, Secunderabad, and the defence authorities are laying a public drainage pipeline through his land without following the statutory provisions as contained under the Cantonments Act, 2006 (for short “the Act”). It has also been stated that without issuing any show cause notice of any kind, the boundary wall has been broken and water is coming inside the boundary wall.
On the other hand, learned counsel appearing for the Cantonment Board has stated that a notice was issued to the petitioner on 06.02.2022 under Sections 213 and 224 of the Act and the petitioner has also filed a reply to the aforesaid notice.
In the considered opinion of this Court, as the notice was issued under Sections 213 and 224 of the Act and the petitioner has already filed reply, the Cantonment Board has to pass a final order in the matter.
At this stage, learned counsel for the petitioner has stated before this Court that the petitioner be granted an opportunity of hearing also.
Learned counsel for the Cantonment Board is fair enough in stating that the petitioner will also be granted opportunity of hearing in the matter.
Keeping in view the aforesaid, the petitioner is directed to appear before the Chief Executive Officer, Cantonment Board, Secunderabad on 07.03.2022 at 10:30 AM and thereafter, the Cantonment Board shall be free to pass appropriate final order in accordance with law. It is needless to mention that in case orders are passed against the petitioner, there shall be no coercive action against the petitioner for a period of two weeks from the date of passing of such final order. The petitioner shall also be free to take recourse to the other remedies, as he is claiming compensation in the matter. He shall also be free to file a fresh writ petition before this Court, in case he is still aggrieved in the matter, and all other grounds raised in the petitions are left open.
With the aforesaid, the writ petitions stand disposed of.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.