IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2301 of 2003 Between: 1. L.Rajeshwar Rao, S/o. Late L.Chandulal, R/o. 4-1-170, Subash Road, Secunderabad. 2. L.Narsing Rao, S/o. Late L.Chandulal, R/o. 4-1-169, Subash Road, Secunderabad. 3. L.Heeralal, S/o. Late L.Chandulal, R/o. 4-1-171, Subash Road, Secunderabad. ..... PETITIONERS AND 1 The Commissioner, Municipal Corporation of Hyderabad, Hyderabad. 2 The Additional Commissioner, Municipal Corporation of Hyderabad, Secunderabad Division, Secunderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature Writ of Mandamus declaring the action of the respondents to demolish the petitioner's property without paying the compensation for the purpose of road widening and demolition is illegal, arbitrary and against to the principles of natural justice. Counsel for the Petitioners: MR.CHAYANAM RAVINDRANATH Counsel for the Respondents.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: The petitioners, who are three in number, filed this writ petition assailing the action of the respondents in trying to demolish the properties owned by them without following the due process of law for the purpose of road widening. 2. The petitioners claimed to be the absolute owners and possessors of Mulgi Nos.4-1-169 to 171 situated at Subash Road, Secunderabad. According to them, the staff of the 2nd respondent came to their Mulgies on 21.01.2003 at about 4.00 P.M. and informed them to receive notices along with cheques and also give consent letters for road widening. It is their version that they had not given consent for demolition of their properties for the purpose of road widening. 3. Rule Nisi came to be issued on 07.02.2003 and also an interim direction not to make any demolition without due process of law and also without following the guidelines issued by the Division Bench of this Court in W.P.No.21198 of 1997, dated 03.02.1998, came to be issued on the even date vide WPMP No.3009 of 2003. 4. Heard learned counsel appearing for the parties. 5. Learned counsel appearing for the petitioners submits that the petitioners are not inclined to give consent for demolition of their properties and in which case the respondents have to follow the due process of law for acquisition of the properties owned by the petitioners. He further submits that a Division Bench of this Court in W.P.Nos.21198 of 12997 and batch, by order dated 03.02.1998 issued certain directions to be followed by Municipal Authorities, Panchayat Authorities and Revenue Authorities for acquiring the land for road widening and/or for the public purpose. 6. In view of the order passed by the Division Bench of this Court in W.P.Nos.21198 of 1997 and batch, dated 03.02.1998, this Writ Petition is disposed of directing the respondents to follow the guidelines issued therein. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:29th June, 2009. Note: Enclose a copy of the Order dated 03.02.1998 passed in WP No.21198 of 1997. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}