The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.5567 of 2005 Order: In this Writ Petition, the petitioner seeks declaration, by way of Mandamus, that the action of the respondents in taking steps to demolish shop bearing No.9-1-44/4, Langer House, Hyderabad, without following the due process of law, is illegal and arbitrary. In the affidavit, filed in support of the Writ Petition, it is stated that the petitioner is the tenant of the abovementioned shop and that he is running cool drink and pan shop. It is his grievance that though he is in actual and physical possession of the said shop, the respondents are taking steps for its demolition for the purpose of road widening. It is submitted by learned Counsel for the petitioner that without notifying the said structure under the Land Acquisition Act, 1894 (for short ‘the Act’), for any public purpose and without following the due process of law, the respondents cannot deprive the petitioner therefrom. At the stage of admission, this Court, vide interim order, dated 17-03-2005, directed the respondents not to demolish the shop in question without following the due process of law. Though this Writ Petition is of 2005, no counter- affidavit has, so far, been filed and the interim order passed by this Court on 17-03-2005 continued all along. There is also no representation on behalf of the respondents- Corporation, today, when the matter is called. In view of the allegation made by the petitioner that the shop in question was not notified under the Act for any public purpose, and in the absence of any counter-affidavit being filed by the respondents controverting the same, I deem it appropriate to allow the Writ Petition directing the respondents not to dispossess the petitioner from the shop in question as otherwise than by due process of law. However, if the said structure is required for any public purpose such as road widening etc., this order will not preclude the respondents from notifying the same under the provisions of the Act and taking steps in accordance with law. Writ Petition is allowed accordingly. No order as to costs. _________________ R.Subhash Reddy, J Dated 8th December, 2009 lur