THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.47 of 2002 ORDER: This writ petition has been filed seeking writ of Mandamus declaring the impugned action of the respondents dated 31-12-2002 threatening to demolish the petitioners’ premises No.12-1- 891, 1-2-502, 10-2-443/1 and 10-2-439, situated at Mehdipatnam – Noble Talkies cross road, Hyderabad, as illegal, arbitrary, null and void and in violation of Sections 146 and 147 of the Hyderabad Municipal Corporation Act (for short ‘the Act’) and the judgment of this Court made in W.P. No.749 of 2001 dated 23-01-2001 and consequently direct the respondents not to demolish the petitioners’ premises. Along with the writ petition, the petitioner also filed WPMP. No.55 of 2002 seeking a direction to the respondents not to demolish the petitioners’ premises as stated above. The case of the petitioners is that they are the absolute owners and possessors of the premises bearing numbers noted above and they are running their petty business in their premises and eking out their livelihood. It is also submitted that the respondents are proposing to widen the road to 100 feet and the premises owned by the petitioners are completely affecting. In that process, the respondent authorities are bringing all kinds of pressure on the petitioners and also threatening them to vacate their premises. The 1st respondent- Assistant City Planner, along with his staff came down to the premises in question on 31-12-2001 at 11.00 a.m. and warned them that if the premises are not vacated by 03-01-2002, the same would be demolished. Assailing the same, the present writ petition has been filed. The main grievance of the petitioners is that the respondent authorities are proceeding without following due process of law and acting in violation of Sections 146 and 147 of the Act and the judgment of this Court made in W.P. No.749 of 2001 dated 23-01-2001. From a perusal of the record, no counter has been filed rebutting the allegations made in the affidavit, filed in support of the writ petition. This Court on 02-01-2002, while issuing Rule nisi, interim direction was granted as prayed for. Having regard to the facts and circumstances of the case, the respondent authorities are not expected to demolish anybodies property, without following due process of law, for any purpose. In the instance case, the allegation of the petitioners is that the premises in question were sought to be required for widening of the road. In the process of widening the road, the right of the petitioners over the premises in question cannot be deprived of, without following due process of law. It is obvious from the record that the respondents neither followed the procedure contemplated under the Act nor followed the guidelines issued in the judgment dated 23-01-2001 passed by this Court in W.P. No.749 of 2001. Therefore, the impugned action of the respondents is not only in violation of statutory provisions contemplated under the Act but also in violation of the guidelines made in the judgment referred to above. In view of the above, the writ petition is disposed of with the following direction, taking note of non- filing the counter: The respondent authorities are directed to follow due process of law, before taking any action with regard to the premises in question. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 24-04-2009 LSK