IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND SEVEN :PRESENT: THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.26177 of 2007 Between: M/s. Raj Apparels, A partnership firm, rep by its Partner Dhiraj Ramji Savla, S/o. Ramji Bhai Savla, aged about 54 years, Occ: Business, R/o. Tenant in Premises No.6-1-1062/3 & 4, Rajbhavan Road, Lakdikapool, Hyderabad. Petitioner AND 1. Greater Hyderabad Municipal Corporation, Rep by its Commissioner & Special Officer, Having its office at Tank Bund Road, Hyderabad. 2. The Asst. City Planner, Town Planning Section, Circle No. 5, GHMC having its office at Khairatabad, Hyderabad. 3. Special Deputy Collector (LA), Having its office at Tank Bund Road, GMCH, Hyderabad. 4. Smt. Maqbool Jehan Begum, D/o. Sri Ahmed Mirza, 5. Sri Hidayath Ali, S/o. Sri Ahmed Mirza, 6. Sri Akber Ali Mirza, S/o. Sri Ahmed Mirza, (All are R/o. Ground Floor, H.No.6-1-1063/4/A, Rajbhavan 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 appropriate order or orders, direction more particularly one in the nature of writ of mandamus declaring the action of respondent No.1, 2 & 3 in threatening to demolish the petitioner's shop without issuing any notice or without following any principles of natural justice as illegal and arbitrary. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and upon hearing the arguments of Sri..Nyayapathi Prashant, Advocate for the Petitioner and of Sri. Kodanda Rama Rao, Advocate for Smt. Kalpana Ekbote, Standing Counsel for the Respondents No.1& 2, the Court made the following ORDER: “Sri. Kodanda Rama Rao, learned counsel representing Smt. Kalpana kbote, learned Standing Counsel for Greater Hyderabad Municipal Corporation, again sought for time to get instructions. Post on 24-12-2007. In the meantime, the respondents shall not demolish the premises in the occupation of the petitioner if it fails beyond 12’ measured from the end of the existing road.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR 2 To 1. The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Having its office at Tank Bund Road, Hyderabad. 2. The Asst. City Planner, Town Planning Section, Circle No. 5, GHMC having its office at Khairatabad, Hyderabad. 3. The Special Deputy Collector (LA), Having its office at Tank Bund Road, GMCH, Hyderabad. 4. Smt. Maqbool Jehan Begum, D/o. Sri Ahmed Mirza, 5. Sri Hidayath Ali, S/o. Sri Ahmed Mirza, 6. Sri Akber Ali Mirza, S/o. Sri Ahmed Mirza, (Addressees No.4 to 6 are R/o. Ground Floor, H.No.6-1- 1063/4/A, Rajbhavan Road, Hyderabad)(1 to 6 BY RPAD) 7. One CC to Sri. Nyayapathi Prashanth, Advocate (OPUC) 8. One CC to Smt. Kalpana Ekbote, Standing Counsel GHMC, High Court of A.P., Hdyerabad. 9. One Spare Copy KK HIGH COURT CVNRJ DT. 20-12-2007 NOTE: POST ON 24-12-2007 ORDER W.P.NO.26177 OF 2007 DIRECTION Drafted by: KK Drafted on: 20-12-2007 HIGH COURT CVNRJ DT. 20-12-2007 NOTE: POST ON 24-12-2007 ORDER W.P.NO.26177 OF 2007 DIRECTION