THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2263 of 2008 Date: 07.02.2008 Between: Mohd.Yousuf Hussain … Petitioner AND Greater Hyderabad Municipal Corporation, Hyderabad. … Respondent Counsel for the petitioner: Sri Vedula Srinivas Counsel for respondents: Sri Shashidharan Nair HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2263 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare proceedings dated 15.11.2007 issued by Greater Hyderabad Municipal Corporation, Hyderabad by which an extent of 433.88 sq.yards comprised in property bearing Door No.10-3-162/1 & 2 of S.P.Road, Secunderabad is sought to be acquired for the purpose of road widening. The grievance of the petitioner is that he is one of the owners of the above-mentioned premises and a notice, similar to the one which was given to Shahid Hussain - who, according to the petitioner, is only a licencee of the Bharat Petroleum Corporation - has not been given to the petitioner. Learned counsel for the petitioner at the hearing submitted that to acquire the land of private persons, the Municipal Corporation can invoke either Sections 146 or 147 of the Hyderabad Municipal Corporation Act, 1955 (for short “the Act”). If the Corporation intends to invoke Section 146, it is required to take the consent of all the owners of the property and if any of the owners is not willing to part with the property voluntarily, it may then be open to the Corporation to invoke the provisions of Section 147 of the Act. Learned counsel representing the learned Standing Counsel stated that the respondent – Corporation will consider the claim of the petitioner, if a representation by the petitioner is made and that if it is shown by the petitioner that he has interest in the property proposed to be acquired, it will follow the procedure prescribed under Section 146 or 147 of the Act, as the case may be. Having regard to the above-mentioned submissions of the learned counsel, the writ petition is disposed of. The petitioner is permitted to submit his representation alongwith proof of his ownership of the property in dispute within a period of ten days from today. On receipt of such representation, the respondent shall consider and dispose of the same in accordance with law before proceeding with the proposed road-widening programme qua the property in dispute. Subject to the above observation, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.2910 of 2008 filed by the petitioner seeking interim relief is dismissed as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:07.02.2008 Note: Issue c.c. in three days. B/o. mdaa