IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 2837 of 2005 Between: Smt. Florence Nalini W/o B.Yougender, R/o Block No.13, Flat No.3 Ground Floor, Baghlingampally, Hyderabad ..... PETITIONER AND 1 The Municipal Corporation of Hyderabad. Rep.by its Commissioner, MCH., Head office, Tankbund, Hyderabad. 2 The Assistant City Planner, Circle VI, Abids, Municipal Corporation of Hyderabad, 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in taking steps to demolish the compound wall constructed in and around Flat No.3 Ground floor, Block No.13 Baghligampally, Hyderabad (MCH.No.1-8-1/B13/F3) without following due process of law or notice under section 636 etc. of Hyderabad Municipal Corporation Act 1955 and consequently allow the petitioner to enjoy his property without any interference from the respondents. Counsel for the Petitioner: MR.B.SUDHAKAR REDDY Counsel for the Respondent Nos.1 and 2 : MR.RAMA RAO GHANTA The Court at the stage of admission made the following : ORDER: The petitioner seeks a writ of Mandamus declaring the alleged action of the respondents in taking steps to demolish the compound wall constructed in and around the Flat No.3, Ground floor, Block No.13, situated at Baghlingampally, Hyderabad, without following due process of law, as arbitrary and illegal. The petitioner states that no notice has been issued to him by the respondents, as required under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short “the Act”) and the respondents have been highhandedly taking steps to demolish the compound wall in question. Having heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent-Corporation, without expressing any opinion on merits, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to interfere with the possession of the petitioner in respect of Flat No.3, Ground floor, Block No.13, situated at Baghlingampally, Hyderabad and not to take any steps to demolish the compound wall in question, without following due process of law as prescribed under the Act. No costs. _________ 17.02.2005 Note: Issue operative portion by wire. (B/O) sh To 1 The Commissioner, Municipal Corporation of Hyderabad. MCH., Head office, Tankbund, Hyderabad. 2 The Assistant City Planner, Circle VI, Abids, Municipal Corporation of Hyderabad, Hyderabad. 3 2 CD copies