IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11780 of 2005 Between: N. Rama Krishna Sagar, S/o. N. Narasimha, R/o. 1-3-183/40/143, S.B.I. Colony, Gandhi Nagar, Hyderabad. ..... PETITIONER AND the Municipal Corporation of Hyderabad, rep. by its Deputy Commissioner, R/o. Circle-3, Hyderabad. .....RESPONDENT 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 mandmaus, declaring the action of the respondent in seeking to demolish the petitioenrs building bearing No. 1-3-183/40/117 and 1-3-183/40/117/A, stiauted at SBI colony, Tallabasthi, Bakaram, Hyderabad, as arbitrary, illegal and unconstitutional, apart from being contrary to provisions of Hyderabad Municipal Corporation Act, 1955 and also violative of principles of natural justice and issue a consequential direction, directing the respondent not to take any further steps without following the due process of law and pass such other order or orders. Counsel for the Petitioner:MR.SATYANARAYANA PEDDAPALLY Counsel for the Respondent: MR.RAMA RAO GHANTA The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondent in seeking to demolish his building bearing No.1-3-183/40/117 and 1-3-183/40/117/A situated at SBI Colony, Tallabasti, Bakaram, Hyderabad, as illegal and arbitrary and consequently to direct the respondent not to take any further steps without following due process of law. If any portion of the building is required for the purpose of road widening and if the petitioner deviates the master plan, unless notice has been issued under the Hyderabad Municipal Corporation Act or the land is acquired, the respondent cannot demolish the building of the petitioner. Having regard to the facts of the case, the writ petition is disposed of directing the respondent not to demolish any portion of the building of the petitioner without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:13.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}