IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 17665 of 2001 Between: 1 Kamal B. Rathi, W/o. Bala Krishna Rathi, R/o. 24, Jagdishnagar Colony, Rasoolpura, Secunderabad. 2 Praveen Chandra Rathi, S/o. Ganesh Das Rathi, R/o. 24, Jagdishnagar Colony, Rasoolpura, Secunderabad. 3 Arun Rathi, S/o. P.C.Rathi, R/o. 24, Jagdishnagar Colony, Rasoolpura, Secunderabad. 4 Ravi Rathi, S/o. Praveen Chandra Rathi, R/o. 24, Jagdishnagar Colony, Rasoolpura, Secunderabad. ..... PETITIONER(S) AND 1 The District Collector, Hyderabad District, Hyderabad. 2 The Municipal Corporation of Hyderabad, Rep. by its Commissioner, Hyderabad. 3 The Director of Urban Community Development, Municipal Corporation of Hyderabad, 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the consturction of wall by the petitioners in the premises bearing No.5-4-156 to 184, Rani Gunj, M.G.Road, Secunderabad separating the area encroached by land grabbers from the remaining land of the petitioners as illegal and arbitrary and restrain them from interfering with the same and pass Counsel for the Petitioner:MR.J.VENKATESWARA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioners seek to issue a writ of mandamus declaring the action of the respondents in interfering with the construction of their wall in the premises bearing No. 5-4-156 to 184, Rani Gunj, M.G.Road, Secunderabad separating the area encroached by the land grabbers from the remaining land, as illegal and arbitrary. Even for construction of the compound wall also, permission is required under Sections 428 and 429 r/w 388 of the Hyderabad Municipal Corporation Act. It is stated that even if the petitioners constructed any compound wall in their premises without permission, the respondents cannot demolish the same without following due process of law. Having regard to the facts of the case, without expressing any opinion about the merits of the case, this writ petition is disposed of directing the respondents not to demolish any compound wall of the petitioners without following due process of law and at the same time, the petitioners are not entitled to make any construction without any permission. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{PRASAD}