IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4265 of 2008 Between: Mir Arif Ali, S/o. Late Mir Abid Ali, R/o.23-1-810, Moghalpura, Hyderabad. ..... PETITIONER AND The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Uppal Circle, R.R. Dist., .....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 to issue a Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in attempting to demolish the premises bearing No.1-1-91/B, Habsiguda, Hyderabad wherein the petitioner is running the Medical Shop in the name and Style of "SAGAR HOMEO STORES", without following the due proc3ess of law and without giving any notice and opportunity as illegal, arbitrary, and violative of principles of natural Justice and consequently direct the respondent and its authorities not to demolish the said premises without following the due process of law. Counsel for the Petitioner: MR.A.ANANDA RAO Counsel for the Respondent: SMT.KALPANA EKBOTE The Court made the following : O R D E R: In [aphc1]this case, the grievance of the petitioner is that the respondent-Municipality has been seeking to acquire [aphc2]land by demolishing the premises of the petitioner, for the purpose of widening the road existing, without invoking the provisions of the Land Acquisition Act, 1894 and issuing notice. It is also stated that there is no necessity of widening the road as the adjacent buildings are being permitted to be constructed in the same line. It is needless to observe that the Municipality cannot take possession of the property owned by the citizens without recourse to law. The respondent is, therefore, directed to follow the procedure laid down in the Land Acquisition Act and acquire the land in question and without adopting such a procedure, it should not insist upon the petitioner to part with the possession of the land. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 12th March 2008 [aphc1] [aphc2]