IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 26847 of 2007 Between: 1 Smt. N. Gangamma W/o late Sri N. Rajalingam, 2 Sri N. Raju S/o late Sri N. Rajalingam, 3 Sri N. Srinu S/o Late Sri Rajaliangam All R/o House No. 2-126, Sherif Nagar, Chaitanyapuri, Cross Roads, Gaddiannaram Municipality, Dilsukhnagar, Hyderabad. ..... PETITIONER(S) AND 1 The Greater Hyderabad Municipal Corporation, Hyderabad, rep by its Commissioner 2 The Deputy Commissioner, LB Nagar Circle, Greater Hyderabad Municipal Corporation, 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 in trying to demolish the structure and also taking possession of the open land of the petitioners' premises bearing No. 2-126, Main road, Chaitanyapuri, Gaddiannaram Municipality, Dilsukhnagar, Ranga Reddy District-Hydeabad for the purpose of road widening without following the due procedure of law, and without paying compensation is illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of, in the interest of justice and to pass such other or further order or orders as this Hon'ble Court may deem fit and proper inthe circumstances of the case. Counsel for the Petitioner:MR.CH.RAVINDER Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 26847 of 2007 ORDER: In this writ petition, the petitioners seek directions by way of mandamus to declare the action of the respondents in trying to demolish the structures and also trying to take possession of the open land of the petitioners’ premises bearing No.2-126, Main Road, Chaitanyapuri, Gaddiannaram Municipality, Dilsukhnagar, R.R.District, as illegal and arbitrary. The matter was listed earlier on 14.12.2007 and thereafter listed on 4.2.2008, 8.2.2008, 15.2.2008, 25.1.2008 and further listed today. On instructions, it is submitted by learned standing counsel for the respondents that no steps have been taken by the respondents either for demolition or taking possession, as alleged by the petitioner. It is further submitted that neither any portion of the structures nor land is acquired for any public purpose and they will do so only after following the procedure contemplated under the provisions of the Hyderabad Municipal Corporation Act, 1955. In view of the statement of the learned standing counsel for the respondents, the writ petition is disposed of directing the respondents not to demolish the structures or dispossess the petitioners from their premises bearing No.2-126, main Road, Chaitanyapuri, Gaddiannaram Municipality, Dilsukhnagar, R.R.District as otherwise than due process of law. No order as to costs. ------------------------------ R. SUBHASH REDDY. J APRIL 30, 2009 Tsr/Gk