IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE: L.NARASIMHA REDDY WRIT PETITION NO : 28754 of 2009 Between: Mir Arif Ali, s/o late Mir Abid Ali ..... Petitioner AND 1. Greater Hyderabad Municipal Corporation rep by the Commissioner 2. The Special Deputy Collector, Greater Hyderabad Municipal Corporation, 6th Floor, Municipal complex, Hyderabad .....Respondents 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 any writ or order or direction, more particularly in the nature of a writ of mandamus, declaring the action of the Respondents in not following the order of this Hon’ble Court in WP. No. 4265/2008 dated 12-03-2008 and further attempting to demolish the premises bearing number 1-1-91/B Habshiguda, Hyderabad, wherein the petitioner is running a medical shop in the name of style of ‘Sagar Homeo Stores’ without following the due process of law and without giving any notice and opportunity as contemplated under the Land Acquisition Act, as illegal, arbitrary and contrary to Article 300A and Article 14 of the Constitution of India, the provisions of the Land Acquisition Act, and in violation of the principles of natural justice and consequently direct the Respondents and its authorities not to demolish the said premises without the due process of law. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and upon hearing the arguments of Sri .SHAFATH AHMED KHAN, Advocate for the Petitioner, and the Court made the following ORDER: Post immediately after Sankranti Vacation, 2010. in the meanwhile, the respondents shall not demolish the premises owned by the petitioner unless the proceedings under the Land Acquisition Act, 1894, are already initiated and compensation is paid. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad 2. The Special Deputy Collector, Greater Hyderabad Municipal Corporation, 6th Floor, Municipal complex, Hyderabad ( Addressee Nos 1 and 2 BY RPAD) 3. One CC to Sri Shafath Ahmed Khan, Advocate (OPUC) 4. One Spare Copy Skm HIGH COURT LNR,J Drafted by: skm Drafted on: 31-12-2009 DATE: 29-12-2009 NOTE: POST IMMEDIATELY AFTER SANKRANTI VACATION 2010 ORDER WP. NO. 28754 OF 2009 DIRECTION