THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.41 of 2008 Dated: 04.01.2008 Between M.P.Narsimha Raju and another …Petitioners And Secunderabad Cantonment Board represented By its Chief Executive Officer, Secunderabad …Respondent THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.41 of 2008 ORDER: In this writ petition, the petitioners seek direction by way of mandamus declaring the action of the respondent in taking steps for demolition of the building in Plot No.1, forming part of Survey No.22 situated at Sai Nagar Colony, Wellington Road, Secunderabad, without following due process of law, as illegal and arbitrary. In the affidavit filed in support of the writ petition, it is stated that the petitioners are the owners of Plot No.1, forming part of Survey No.22, total admeasuring 212 square yards, situated at Sai Nagar Colony, Wellington Road, Secunderabad. It is also stated that their mother had originally purchased the said property by registered sale deed, dated 19.10.1979, and after obtaining due permission from the Cantonment Board, a non-residential building was constructed in the year 1986. It is the grievance of the petitioners that on the ground that a portion of the aforesaid plot is required for the purpose of road widening, the respondent is taking steps for demolition and dispossession from the part of the plot thereof, without following due process of law. Further, in the absence of any consent from the petitioners and without taking any steps for acquisition of the said property, the respondent cannot deprive their property in this manner. On instructions, the learned Standing Counsel appearing for the respondent-Cantonment Board submits that no steps will be taken to dispossess the petitioners from the said property as otherwise than due process of law. Except the allegation of the petitioners that the respondent is taking steps for demolition of the building without following due process of law, there is no other material to substantiate the same. But, however, as it is stated by the learned Standing Counsel that the petitioners will not be deprived of their property without following due process of law, the respondent is directed not to deprive any part of the plot area or the constructed portion of the building i.e., Plot No.1, forming part of Survey No.22 total admeasuring 212 square yards, situated at Sai Nagar Colony, Wellington Road, Secunderabad, without following due process of law. However, it is made clear that if any portion of the said area is required for road widening, it is open for the respondent to take steps in accordance with law or take possession with the consent of the petitioners. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. ___________________ R.SUBHASH REDDY,J Date: 04.01.2008 Va/Prv