IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27285 of 2008 Between: 1 L. Samba Siva Rao S/o. L. Prakash Rao R/o. Plot No.1030-A, Road No.51, Jubilee Hills, Hyderabad. 2 L. Uma Rani W/o. L. Samba Siva Rao R/o. Plot No.1030-A, Road No.51, Jubilee Hills, Hyderabad. ..... PETITIONER(S) AND Greater Hyderabad Municipal Corporation, rep. by its Commissioner, having its Office at Tank Bund, Basheerbagh, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ more in the nature of Writ of Mandamus declaring the threat of demolition of structures on 20.11.2008 as being arbitrary, illegal and violative of Article 14 of the Constitution of India and further declare that the respondent has no right to take possession of the land without following the procedure of Land Acquisition Act, 1894 in respect of the property bearing Plot No.1030-A, Survey No.403/1 (old) 120 (New) of Shaikpet Village admeasuring 1243 Sq. Yards equivalent 1041 Sq. Mtrs. Jubilee Hills House Building Society Ltd., Road No.51, Jubilee Hills, Hyderabad District, and issue such other writ or order or directions as deemed fit and proper in the interest of Justice. Counsel for the Petitioner: MR.B.V.V.S.MURTHY Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the threat posed by the respondent on 20.11.2008 to demolish the structures in the petitioners’ Plot No.1030-A, without following the due procedure laid down in the Land Acquisition Act, 1894, as arbitrary and illegal. The only grievance of the petitioners is that on 20.11.2008 and 10.12.2008 the subordinates of the respondent, without issuing any notice and without following due process of law and paying any compensation, attempted to demolish the structures in their Plot No.1030-A admeasuring 1243 sq. yards of land in S.No.403/1 (old) 120 (new) in Jubilee Hills House Building Society Limited, Shaikpet village, Hyderabad, by marking the arrow symbols on the walls, for the purpose of widening the road. Heard the learned counsel for both the parties and perused the material placed on record. The principles of natural justice demand that before any action is initiated by the public authorities against private individuals, which results in civil consequences, a notice calling for the explanation to the individual concerned has to be issued, and after considering the explanation, appropriate orders should be passed, and then, action in accordance with the said decision has to be taken. Inasmuch as it is alleged by the petitioners that the respondent attempted to demolish the structures in the their Plot by marking arrow symbols on the walls of their property without issuing any notice and without following the due process of law, I deem it appropriate to dispose of the writ petition with the following directions: “The respondent-Corporation shall follow the due procedure prescribed under law wherein a notice calling for the explanation of the petitioners shall be issued and after considering the explanation that may be submitted by them, pass appropriate orders and take action in accordance therewith. It is made clear that unless and until the respondent issues notice to the petitioners and considers their explanation/objections and pass appropriate orders, it shall not resort to any demolition of the structures in the petitioners’ Plot No. 1030-A admeasuring 1243 sq. yards of land in S.No.403/1 (old) 120 (new).” In terms of the above directions, this writ petition is disposed of. No costs. ______________ 16.12.2008 Note: Furnish copy in three days B/o bcj