IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 19027 of 2005 Between: Vijay Kumar Pandit, S/o. Late Sri Narsing Das Pandit, C/o. H.No. 15-8-478, Ranga Chari Road, Old Feel Khana, Hyderabad, ... PETITIONER AND 1 The Municipal Corporation of Hyderabad, Hyderabad, Rep. by its Commissioner. 2 The Deputy Commissioner, Municipal Corporation of Hyderabad, Circle II, Hyderabad, 3 Sri Govind Lal S/o. Not known to the Petitioner, R/o. 15-8-478, Ranga Chari Road, Old Feel Khana, 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 an order direction or writ particularly one in the nature of writ of MANDAMUS or any other appropriate writ declaring the action of the respondents in trying to pull down the premises of the petitioner situate at H.No. 15-8-478, Ranga Chari Road, Old Feel Khana, Hyderabad is illegal and contrary to Section 456 of the Hyderabad Municipal Corporation Act, 1955 and consequently restrain the respondents from demolishing the building without following the due process of Law and pass other order or orders in the interest of justice. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents 1 & 2: MR.RAMA RAO GHANTA The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondents 1 and 2 in trying to pull down his premises situated at H.No.15- 8-478, Ranga Chari Road, Old Feel Khana, Hyderabad as illegal and contrary to Section 456 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). 2. This Court while admitting the writ petition by order 27.08.2005 directed the respondents not to demolish the H.No.15-8-478, Ranga Chari Road, Old Feel Khana, Hyderabad without following due process of law. No counter has been filed. Even if there is any deviation or encroachment of the road margin or if the building is in a dilapidated condition, without issuing any notice and without following due process of law, the said building cannot be pulled down. 3. However, as already there is an interim order, if the building has not collapsed or pulled down, the respondents are directed not to pull down or demolish the building without following due process of law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 4, 2008 DSK