THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.26325 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus directing the respondents not to demolish the petitioners’ property bearing Municipal No.16-1-570/A/1 admeasuring 48.37 square yards out of total extent of 351 square yards situated at Saidabad, Hyderabad without any notice and following due process of law. 2. The case of the petitioners, in brief, is that they are the owners and possessors of house bearing Municipal No.16-1-570/A/1 admeasuring 351 sq.yards and that the respondents are proposing to acquire their property for road widening without there being any authority. Hence, the writ petition. 3. Learned counsel for the petitioners stated that no notice was given for acquiring the property of the petitioners and therefore, the action of the respondents in proposing to demolish the house for widening of the road is illegal and arbitrary; and therefore, prays to direct the respondents not to demolish the petitioners’ property. 4. On the other hand, learned Standing Counsel appearing for the respondents contends that due to some mistake on the part of the officials, they have not issued any notice, as required under Section 146 of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) and hence, he states that the respondents would follow the due process of law for acquiring the petitioners’ property. 5. As seen from the affidavit filed in support of the writ petition, no notice was given by the respondents to the petitioners for the purpose of acquiring the property of the petitioners for the purpose of road widening, which is contrary to Section 146 of the Act. Unless the respondents follow the due procedure, as contemplated under Section 146 of the Act, the question of acquiring the property of the petitioners does not arise. Therefore, the respondents are directed to follow the due procedure, as required under Section 146 of the Act, before acquiring the aforesaid property belonging to the petitioners. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 24th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.26325 OF 2011 Date: 24.10.2011 AMD