- (1.) Jaswant Singh and 44 others are before this Court with a prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 i.e. Cantonment Board, Agra through its Chief Executive Officer not to demolish the shops of petitioners running in the premises at Bungalow No.196/4 F.M.C. Road, Agra Cantt., Agra. A further prayer has been made for issuing writ in the nature of mandamus directing the same set of respondent not to make any hindrance in peaceful running of petitioners' business in the same premises in question. The factual situation that is emerging before us and being pointed out that Saifuddin resident of Building No.196, FMC Road, Agra Cantonment has been the occupant of the premises in question and as against him in consonance with the resolution dated 19.4.1994 the Chief Executive Officer of the Cantonment Board initiated proceedings under Section 185 of the Cantonment Act, 1924 by mentioning that he has committed an offence under Section 184 of the Act and called upon him to demolish/remove the unauthorised erection/re-erection in the shape of 20 wooden Zafari Sheds, each measuring 12' x 12' towards western side of Building No.196, FMC Road, Agra Cantt. Notice in that regard was served upon him on 4.6.1994. Against the said order in question he proceeded to prefer an appeal on 27.6.1994 and the said appeal in question has been finally decided wherein the entire action taken by him has been held to be contrary to the law and he has been asked to demolish/remove the unauthorised erection/re-erection in the shape of 20 wooden Zafari Sheds each measuring 12' x 12' towards western side of Building No.196, FMC Road, Agra Cantt.
(2.) As far as petitioners are concerned, they have got no direct contact with the Cantonment Board, Agra in reference to the premises in question and it appears from the documentary evidence in question that has been so filed that they have entered into some private arrangement with Saifuddin son of Moinuddin and are continuing in the said premises in question on rent and now the petitioners are apprehending that they will be thrown away from the premises in question. Once the factual situation that has so emerged that against the principal incumbent, who has been in occupation of the premises in question, already proceeding under the Act has been undertaken and the same has attained finality on 1.5.2012 and as per the appeal so decided the shops in question and other unauthorised constructions are required to be demolished and in view of this once as per the statutory provision in question the action is being taken on the spot against the petitioners, with whom the Cantonment Board, Agra has no concern in any manner whatsoever, then based on private arrangement made with Saifuddin, the petitioners cannot be permitted to resist the execution of the order that has been affirmed in appeal.
(3.) In view of this the writ petition sans merit and is dismissed.;