IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4752 of 2008 Between: 1 Rajender Pershad S/o. Late Bajrang Pershad R/o. H.No.22-5-117/1, Suraj Bhan Building, Gulzar Marg, Hydearbad. 2 Mukesh S/o. Rajender Pershad R/o. H.No.22-5-118, Suraj Bhan Building, Gulzar Marg, Hydearbad. 3 Roop Karan S/o. Late Bajrang Pershad R/o. H.No.22-5-118 (Part), Suraj Bhan Building, Gulzar Marg, Hydearbad. 4 S.B. Singh S/o. Late S.S. Talwar Suraj Bhan Building, Gulzar Marg, Hydearbad. 5 S.D. Singh S/o. Late S.S. Talwar Suraj Bhan Building, Gulzar Marg, Hydearbad. 6 Syed Abdul Shakeel S/o. Late Syed Omer, R/o. H.No.22-5-120, Suraj Bhan Building, Gulzar Marg, Hydearbad. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Office at Municipal Complex, Tank Bund Road, Hyderabad. 2 The Collector, Hyderabad District, Nampally Station Road, Hyderabad. 3 The Chief City Planner, Greater Hyderabad Municipal Corporation, Office at Municipal Complex, Tank Bund Road, Hyderabad. 4 The Asst. City Planner, Greater Hyderabad Municipal Corporation, Circle No.I, Sardar Mahal, Hyderabad. 5 The Zonal Officer, Greater Hyderabad Municipal Corporation, South Zone, Sardar Mahal, Charminar, Hyderabad. .....RESPONDENT(S) 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 1 to 5 not to proceed with widening of the road between Gulzar Marg to Kalikaman, Hyderabad, unless and until the correct center of the road is ascertained and earmarked by rectifying the discrepancies for deciding the acquisition of land from the shop owners from both sides of the road, consequently direct the rspondents to consider the application filed byl the petitioners on 12.02.2008 and to pass such other order or orders Counsel for the Petitioner:MR.VALLURIHANMANTHA RAO Counsel for the Respondent No.: MR.R.RADHAKRISHNA REDDY The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8257 of 2008 Between: 1 Mahendra Kumar, S/o. Jagdish Prasad, R/o. 21-2-185, Vallabhdas Comlex, Charkaman, Hyderabad 500 002. 2 Pavan Kumar, S/o. Jagdish Prasad, R/o. 21-2-185, Vallabhdas Comlex, Charkaman, Hyderabad 500 002. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, Tank Bund Road, Tank Bund, Hyderabad, Rep. by its Commissioner & /Special officer. 2 The Governmentof Andhra Pradesh, Rep. byi ts District Collector, Hyderabad Ditrict, Nampalli Station Road, Hyderabad 500 001. .....RESPONDENT(S) 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 to issue an order direction or writ particularly one in the natureof Writ of Mandamus or any other appropriate Writ declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners in respectof Door bearing No. 22-5-124 and No. 22-5-125 situated at Sooraj Market, Gulzar House, Hyderabad is without notice or opportunity as illegal and arbitrary; and consequently restrain the respondents from interfering in dismantling the building for the purpose of road widening without following the due process of law and pass Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: MR.R.RADHAKRISHNA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 4752 OF 2008 AND WRIT PETITION NO. 8257 OF 2008 COMMON ORDER: 1. In both the writ petitions the dispute is with regard to acquisition of part of the premises called as “SURAJ KHAN MARKET”, Gulzar House, Hyderabad. W.P.No. 8257 OF 2008 filed by the owners and whereas W.P.No. 4752 of 2008 is filed by the tenants in occupation of the premises. 2. Heard both sides. 3. Learned standing counsel appearing for the respondent Corporation submits that an Award has been passed with regard to the acquisition of the part of the premises in question and amount has been deposited in Civil Court on a reference being made under Section 30 of the Land Acquisition Act. 4. Such is the situation, the cause of action pleaded in the writ petitions do not survive. 5. Accordingly, both the writ petitions are dismissed. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 25th June, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 4752 OF 2008 AND WRIT PETITION NO. 8257 OF 2008 25th June, 2008.