IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1687 of 2008 Between: Jugal Kishore Sanghi, S/o Jagtanand Sanghi, H.No.22-5-234, Hari Bhavan,Kali Kaman, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh represented by District Collector, Hyderabad District, Hyderabad. 2 The Greater Hyderabad Municipal Corporation, Hyderabad represented by its Commissioner. 3 The Assistant City Planner, Circle-I, Greater Hyderabad Municipal Corporation, 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 may be pleased to issue an order, direction or writ more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents in proposing to demolish the building to an extent of 401.43 sq.yds., of House bearing No.22-5-223 to 236, Kali Kaman, Hyderabad as illegal and arbitrary and consequently restrain the respondents from taking up the road widening work to the extent of House bearing No.22-5-223 to 236, Kali Kaman, Hyderabad through except the due process of law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent Nos.2&3: MR.R.RADHAKRISHNA REDDY, STANDING COUNSEL FOR GHMC. The Court made the following : ORDER: This writ petition has been ﬁled by Jugal Kishore Sanghi assailing the action of the respondents in making attempts to demolish his house bearing No.22-5-223 to 236, Kali Kaman, Hyderabad, to an extent of Ac.401.43 sq. yards, without following the due process of law. 2. The petitioner claims to be the owner and possessor of the house bearing H.No.22-5-223 to 236, Kali Kaman, Hyderabad. His house is situated adjacent to Kali Kaman (Arch) with 24 feet wide road in between two pillars and each pillar width is 28 feet. The Municipal Corporation of Hyderabad, issued notice dated 20.07.2005 proposing road widening from Gulzar House to Royal Function Hall, Kotla Road via Panjesha, Lodhi Khan Road. On 25.01.2008, according to the petitioner, the municipal authorities came to his house and attempted to demolish the house for road widening. He objected the same stating that he submitted representation dated 02.08.2005 and his representation remained unattended. Hence, the writ petition. 3. On 01.02.2008 Rule Nisi came to be issued. 3rd respondent ﬁled counter-aﬃdavit. One K.Nageshwar, Assistant City Planner, Circle IV, GHMC, Hyderabad, has sworn to the counter- affidavit. It is stated in the counter-aﬃdavit that the respondent Authorities never visited the premises of the petitioner on 25.01.2008 and that the matter was referred to the Land Acquisition Officer. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents 2 & 3. 5. Learned counsel appearing for the petitioner submits that the respondents are contemplating to demolish the house of the petitioner for road widening without following the due process of law. 6. Learned Standing Counsel appearing for the respondents 2 and 3 submits that the respondents will follow the due process of law in the event of the house owned by the petitioner is required to be demolished in road widening. 7. In that view of the matter, the writ petition is disposed of directing the respondents 2 and 3-Corporation to follow the due process of law in the event of the house bearing H.No.22-5-223 to 236, Kali Kaman, Hyderabad, owned by the petitioner, is required to be demolished in road widening. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:02nd September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}