IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.1445 of 2009 Between: yousufunnisa, W/o. Mazher Ahmed, R/o. H.No.20-5-290, Qazipura, Hyderabad ..... PETITIONER AND 1 Greater Hyderabad Municipal 'Corporation, Rep by its Commissioner, Having office at Tank bund Road, Hyderabad 2 The Assistant City Planner, Circle-II, Greater Hyderabad Municipal Corporation, Having office at Sardar Mahal, 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 may be pleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 and 2 in trying to demolish the house bearing M.C.No.20-5-290 situated at Qazipura, Shahalibanda, Hyderabad total admeasuring 242.75 sq.yards which is constructed strictly in accordance with the sanctioned plan sanctioned by the respondents vide permit No.32/41 of 1996 in file No.290/5/20/96 and the permit No.7/9 dated 8-8-2008 is highly illegal, arbitrary unconstitutional and violation of principles of natural justice and also contrary to the provisions of Municipal Corporation of Hyderabad Act, 1955 and Rules thereunder, and consequently direct the respondents 1 and 2 not to take any coercive steps for demolition of the existing structures under house bearing M.C.No.20-5- 290 situated at Qazipura, Shahalibanda, Hyderabad total admeasuring 242.75 sq.yards without following due procedure. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.1445 of 2009 ORDER: 1. This writ petition has been filed by Mrs.Yousufunnisa assailing the action of the respondents in contemplating to demolish the premises bearing M.C.No.20-5-290 without following due process of law. 2. The petitioner claims to be the owner and possessor of house bearing M.C.No.20-5-290 admeasuring 242.75 sq. yards situated at Qazipura, Shahalibanda, Hyderabad. According to the petitioner, her husband purchased the property in the year 1963 under registered Sale Deed vide document No.899 of 1963. Thereafter, her husband gifted the said property to her. She claims to have obtained permission for construction of the ground floor and first floor vide permit No.32/41 of 1996. It is the grievance of the petitioner that the respondents are contemplating to demolish the structures without following due process of law. 3. When the writ petition came up for hearing, Sri R.Radha Krishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation takes notice on behalf of the respondents and submits that the respondents will follow due process of law in the event of constructions made by the petitioner are required to be demolished. 4. Accordingly, the writ petition is disposed of directing the respondents to follow due process of law, in the event of constructions made by the petitioner are required to be demolished. There shall be no order as to costs. _________________________ B.SESHASAYANA REDDY, J Dated:30-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{LS}