THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P. No. 11366 of 2002 Dated. 23–12-2010 Between: Rooplal Shah …Petitioner Vs. Municipal Corporation of Hyderabad, Through its Commissioner at MCH Complex, Lower Tank Bund, Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 11366 of 2002 ORAL ORDER: The writ petition is filed on an apprehension that the respondents would dispossess the petitioner of his property comprising a residential house bearing No. 1-11- 89, Begumpet, Hyderabad for the purpose of widening of the road. It is alleged that the petitioner has not consented for acquisition of the property nor has any statutory procedure been followed by way of a notification under the provisions of the Land Acquisition Act, 1894 or the Hyderabad Municipal Corporation Act, 1955, for acquisition of the petitioner’s property for widening of the road. The petitioner however apprehends that the respondents would forcibly and contrary to the due procedure of law deprive him of possession and enjoyment of the property. Though the writ petition is filed in the year 2002, no counter affidavit has been filed. Interim direction to the respondents not to dispossess the petitioner from any land forming part of house No. 1-11-89 situated at Begumpet, Hyderabad, or from demolition of the compound wall, was granted o 26-06- 2002. The learned counsel for the petitioner states that he has no instructions as to whether there was any further and subsequent proceedings initiated by the respondents for acquiring the property or any other threat of dispossession. In the facts and circumstances of the case, the writ petition is disposed of with a declaration that the petitioner is entitled to the possession, ownership and rights to the property claimed in the writ petition subject to legal entitlement thereto and without any threat of dispossession by the respondents except in accordance with the due process of law. There shall however be no order as to costs. __________________________ JUSTICE GODA RAGHURAM Dated: 23-12-2010 Pvks/*