THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.11070 of 2009 DATED:24.12.2010 BETWEEN: S.SHIV KUMAR …PETITIONER. AND: GREATER HYDERABAD MUNICIPAL CORPORATION & OTHERS …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.11070 OF 2009 ORDER: - This writ petition is filed by the petitioner seeking for a writ of mandamus to declare the action of the respondents in interfering with the petitioner’s rights in property admeasuring 80 square yards situated at H.No:13-3-322/1 and 2 Puranaphool, Iqbal Gunj, Hyderbad without issuing any notice as illegal and arbitrary and contrary to the provisions of the Hyderabad Municipal Corporation Act, 1955 and consequently to direct the respondents not to interfere with the petitioner’s rights in the said property. It is the case of the petitioner that he is the absolute owner and possessor of the property in question having purchased the same by way of a registered sale deed dated 21.12.2000 vide Doc.No:3271 of 2000 from one Smt.P.Bhavana and since the date of purchase, the petitioner is in peaceful possession of the property without any hindrance from any quarters. The property in question is existing with rooms which were constructed long back by the vendor of the petitioner and therefore, the petitioner has been putting use of the same for his own purpose. While so, the 2nd respondent along with 4th respondent and other henchmen have visited the subject property on 3.6.2009 and informed the petitioner that he has encroached the Government road margine of an extent of 20 square yards and thereby, directed the petitioner to remove the said encroachment with 3 days and the said illegal action is not followed by any show cause notice. Hence, he filed the writ petition. At the time of issuing notice before admission on 8.6.2009, this Court has passed the following interim order: “Pending further orders, there shall be a direction to the respondents not to interfere with the property in question without following due process of law.” In the facts and circumstances of the case coupled with the case of the petitioner that he is the absolute owner and possessor of the property in question under a registered sale deed, without expressing any opinion on the merits of the case, I feel it just and proper to treat the interim order passed by this Court on 5.6.2009 as a final order while disposing of the writ petition. Accordingly, this writ petition is disposed of in terms of the interim order granted by this Court on 5.6.2009. No order as to costs. ____________________ G. CHANDRAIAH, J Date:24.12.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.11070 of 2009 DATED:24.12.2010