IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 16818 of 2001 BETWEEN: Mohd. Ghouse, S/o. Late Mohd. Abdul Subhan, R/o.23-1-816/e, Moghalpura, Hyderabad. ... PETITIONER AND 1 Assistant City Planner, Abids Circle, M.C.H. Hyderabad, Hyderabad. 2 Commissioner, Municipal Corporation of Hyderabad, Tankbund Road, Hyderabad. 3 Smt. Layeequnnisa Begum, W/o. Late Mohd. Mujeeb Yar Khan, R/o.5-4-669/4, Old Kattalmandi, Station 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 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 1st Respondent dt:12-8-2001 threatening to demolish the Petitioner's Mulgi bearing Nos.5-4-669/4/B & 5-4- 669/4/C, situated at Old Kattalmandi, Station Road, Nampally, Hyderabad, and illegal, arbitrary and contrary to the spirit of the Judgment of this Hon'ble Court delivered by the Division Bench in W.P.No.6317 of 1996 dated:15.3.2001 Reported in 2001 (3) ALD 173(DB) and consequently direct the respondents not to demolish the above noted mulgie without initiating Land Acquistion Proceedings strictly in accordance with the spirit of the Judgment rendered in W.P.No.6317 of 1996 dt:15.3.2001 Reported in 2001 (3) ALD 173(DB) and pass such other order or orders. Counsel for the Petitioner: MR.MOHD.ZIA-UL-HAQ Counsel for the Respondents 1 & 2: R.RAMACHANDRA REDDY, SC FOR MCH The Court made the following: ORDER: The only grievance of the petitioner is that the respondents are threatening to demolish his mulgi bearing Nos.5-4-669/4/B & 5-4-669/4/C situated at Old Kattalamandi Road, Nampally, without following due process of law and without giving any notice. Therefore, he seeks a Writ of Mandamus to declare the said action of the respondents as illegal and arbitrary. 2. This Court while admitting the writ petition on 14.08.2001 directed the respondents 1 and 2 not to demolish the said mulgies of the petitioner until further orders. As no counter is filed, I am of the opinion that even if the mulgies are constructed in contravention of the provisions of the Hyderabad Municipal Corporations Act, the respondents cannot demolish the same without issuing notice and without following due process of law. The writ petition is accordingly disposed of directing the respondents 1 and 2 not to demolish mulgies of the petitioner without following due process of law. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 25, 2008 DSK