HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.10963 of 2005 Date: December 09, 2009 Between: Md. Zakiuddin, S/o. Md. Zaheeruddin, Aged about 23 years, Occ: Student, R/o.17-5-301, Dabilpura, Hyderabad. … Petitioner And The State of A.P., rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad, and seven others. … Respondents Order: The petitioner seeks a Writ of Mandamus declaring the action of the respondents in taking steps for demolition of shops in the premises bearing No.8-1-40/12, situated at Maruthi Nagar, Shaikpet village, Hyderabad as illegal and arbitrary. It is the case of the petitioner that he, along with his brother, was the owner and possessor of house property referred above admeasuring 386 Sq. yards, having purchased the same from its earlier owner by registered sale deed. It is stated that out of 386 Sq. yards, 300 Sq. yards is taken over by the Municipal authorities for the purpose of widening of the road without payment of compensation; as such the petitioner has filed W.P.No.19682 of 2003 before this court and the same is pending consideration. It is the case of the petitioner that in the remaining 86 Sq. yards of land, there exist two shops and the respondents are taking steps to demolish the said shops too, without assigning any valid reason and giving opportunity. Except the fifth respondent, none has filed counter affidavit. In the counter affidavit of the fifth respondent also, except denial of the averment of the petitioner that compensation has not been paid for the acquired portion of land, no reasons are stated with regard to alleged steps for demolition of structures. As much as it is the case of the petitioner that no notice is issued indicating the reasons for demolition and in absence of any counter affidavit from the Commissioner of the respondent-corporation, I dispose of the writ petition directing the respondents not to take any further steps for demolition of the structures in the remaining portion of 86 Sq. yards in the premises bearing No.8-1-40/12, situated at Maruthi Nagar, Shaikpet village, Hyderabad, except in accordance with due process of law. However, if it is found that the structures raised by the petitioner are in deviation of the sanctioned plan, this order will not preclude the respondents from taking steps for demolition of the same by following due process of law. No order as to costs. ____________________ R. SUBHASH REDDY, J December 09, 2009 MRR