IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11550 of 1995 Between: Lateef Yar Khan S/o.Masood Yar Khan, aged 38 years, R/o.9-4-133/A/1 Opp:Viratnagar,Towli Chowki Hyderabad. ..... PETITIONER AND 1. Special Officer-cum-Commissioner Municipal Corporation of Hyderabad Lower Tank Bund Hyderabad. 2. Dy.Commissioner,Circle-I, MCH Sardar Mahal, Charminar, Hyderabad. 3. Asst Commissioner Town Planning Circle MCH, Hyderabad .....RESPONDENTS 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in trying to interfere with the peaceful possession of the petitioner in respect of the land bearing TS.No.112/2 correlated to S.No.104 part, 105 and 106/1 part admeasuring about 6000 sq.yards situated at Talab Canchalam,village,Farhatnagar,Dabirpura,Charminar Mandal,Hyderabad Dist and consequently direct the respondents herein not to change the nature of the property. Counsel for the Petitioner: MR.V.AJAYAKUMAR Counsel for the Respondents.: MR. GHANTA RAMA RAO The Court made the following : ORDER:- This Writ Petition is filed questioning the action of the respondents herein in trying to interfere with the peaceful possession of the petitioner in respect of the land bearing TS No. 112/2 correlated to S.No.104 part, 105 part and 106/1 part admeasuring about 6000 square yards situated at Talab Chanchalam Village, Farhatnagar, Dabirpura, Charminar Mandal, Hyderabad District. As per the averments made in the affidavit, earlier the petitioner filed W.P.No. 982 of 1995 for similar relief, which is sought for in this writ petition that the respondents should not interfere with the peaceful possession and enjoyment of the land bearing TSNo.112/2 correlated to S.No.104 part, 105 part and 106/1 part admeasuring about 6000 square yards situated at Talab Chanchalam village, Farhatnagar, Dabirpura,Charminar Mandal, Hyderabad without following due process of law. This Court vide order dated 28-1-1995 directed the 1st respondent to dispose of the representation-explanation of the petitioner, the operative portion reads as under; “Having regard to the submissions made by the learned counsel for the petitioner, I am of the view that the Writ Petition is premature, and therefore, the same has to be dismissed. However, in view of the apprehension expressed by the learned counsel, I direct the first respondent to dispose of the representation-explanation in accordance with law after giving an opportunity of personal hearing within a period of three weeks from the date of receipt of this order. In case the authorities decide to take action in pursuance of the impugned notice, the order taking action shall be deferred for a period of two weeks from the date of service of order on the petitioner at 9-4-133/A/1, Opp. Virat Nagar, Towli Chowki, Hyderabad”. Now the grievance of the petitioner is that in spite of specific directions from this Court, no action was taken by the respondents to dispose of the representation and on the other hand with the aid and assistance of certain anti social elements, the respondents are taking steps to remove the debris and change the nature of the structure. A counter affidavit was filed on behalf of the respondent corporation denying the allegations made by the petitioner and stating that the petitioner willfully refused to receive the notice addressed to him and are now making false and baseless allegations on the officials for wrongful gains. It is stated that the respondents never tried to change the nature of the property. Further, the second respondent filed additional counter stating that in spite of issuance of notices on 16-2-1995 and 16-3-1995, the petitioner did not avail the opportunity and the respondent was constrained to take further action pursuant to the final notice issued under Section 636 of Hyderabad Municipal Corporation Act for demolishing the unauthorized construction, in accordance with law. In view of the specific averments made in the counter affidavit, as regards following due procedure contemplated under law and issuance of notice to the petitioner dated 16-2-1995 and 16-3-1995, I see no reason to interfere in the matter. There are no merits in the writ petition, accordingly the same is dismissed. No costs. ---------------------- N.V.Ramana, J. 12th August, 2004. KM ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.Special Officer-cum-Commissioner Municipal Corporation of Hyderabad Lower Tank Bund Hyderabad. 2.Dy.Commissioner,Circle-I, MCH Sardar Mahal, Charminar, Hyderabad. 3.Asst Commissioner Town Planning Circle MCH, Hyderabad 4.2CD copies THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11550 of 1995 12th August, 2004