IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25904 of 2008 Between: Anil Jaikishan Rupani, S/o Jaikishan M.Rupani, R/o. 201, Balaji Nivas Apartments, 1-8-142/43 Penderghasti Road, Secunderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Situated Tank Bund Road, Hyderabad. 2 The Special Deputy Collector (Land Acquisition) Greater Hyderabad Municipal Corporation, Tank Bund Road, 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 a writ order or direction more particularly one in the nature of writ of Mandamus directing the respondent not to interfere in the peaceful physical possession of the petitioner to the extent of 6 sq. yards left over portion after demolishing the extent of 11.50 sq. yards portion affected by road widening vide notice No. A/867/2005 dt. 2-9-2008 issued by the respondent No.1 in respect of the Shop on the ground floor in the building known as Modin House bearing Municipal No. 1-10- 72/2/3/A, situated at Begumpet, Hyderabad and to pass such other order or orders Counsel for the Petitioner: MR.SHARAD SANGHI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following: THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 25904 of 2008 ORDER: 1 Petitioner filed the present Writ Petition with the following prayer: “The petitioner for the reasons stated in the accompanying affidavit prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus directing the respondent not to interfere in the peaceful physical possession of the petitioner to the extent of 6 sq. yards left over portion after demolishing the extent of 11.50 sq. yards portion affected by road widening vide notice No. A/867/2005 dated 2-9-2008 issued by the respondent No.1 in respect of the Shop on the ground floor in the building known as Modi House bearing Municipal No.1-10-72/2/3/A, situated at Begumpet, Hyderabad and to pass such other order or orders as this Hon’ble Court deems just and proper in the circumstances of the case.” 2 When the matter is taken up for hearing, the learned Standing Counsel for the respondent Corporation contended that the Corporation is strictly adhering to the Award proceedings No.A/867/2005 dated 05.08.2008 and the question of interfering or demolishing with the left over portion admeasuring Ac.0-06 Sq. yards will not arise. 3 In the light of the said statement, this Writ Petition is disposed of at the stage of admission directing the respondent Corporation to strictly restrict itself to the land covered by the Award proceedings No.A/867/2005 dated 05.08.2008 for the purpose of road widening. No order as to costs. -------------------- SRI T.G.K, J. 26.11.2008. Kvsn