IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 25741 of 2007 Between : Suresh Chand Jain S/o. Late Akhraj Jain C/o. H.No. 21-7-270/1, Charkaman, Hyderabad. ..... PETITIONER AND 1 The Special Deputy Collector, Land Acquisition, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 3 The Assistant Commissioner, Greater Hyderabad Municipal Corporation, Sardar Mahal, Hyderabad. 4 The Assistant Town Planner, CIrcle-II Greater Hyderabad Municipal Corporation, Sardar Mahal, Hyderabad. 5 Sri Kailashnath Agrawal S/o. Govind Ram, R/o. 21-7-69, Mitti Ka Sher, 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 will be pleased to issue a writ order or direction on more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein in threatening to demolish the petitioner schedule property bearing Municipal No. 21-7-270/1, Mitti-ka-Share, Charkaman, Hyderabad as illegal, arbitrary and contrary to law and consequently direct the respondents not to demolish the petitioners schedule property bearing Municipal No. 21-7-270/1, Mitti-Ka-Share, Charkaman, Hyderabad without initiating land acquisition proceedings in accordance with the spirit of law, pending disposal of this writ petition. Counsel for the Petitioner : MR.KATTA LAXMI PRASAD Counsel for the Respondents : R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER : In this writ petition, the petitioner seeks directions by way of a Writ of Mandamus, declaring the action of respondents in taking steps to demolish the structures that are existing over the property covered by Municipal No.21-7-270/1, Mitti-ka-share, Charkaman, Hyderabad, otherwise than due process of law, as illegal. 2. It is the grievance of the petitioner that he is tenant in the scheduled property, bearing House No.21-7-270/1, situated at Mitti- ka-share, Charkaman, Hyderabad, wherein he is doing cloth business in the name and style of ‘M/s.Umesh Cloth Stores’. It is his grievance that though he has not given any consent for acquisition of the property, and the said property is not notified under the Land Acquisition Act, the respondent/authorities are taking steps for demolition of the structures at the instance of the 5th respondent/owner, without following due process of law. 3. When the matter is taken up, it is represented by the learned Standing Counsel appearing for the Greater Hyderabad Municipal Corporation, Sri R.Radhakrishna Reddy, that they will follow the procedure contemplated under Sections 146 and 147 of t h e Hyderabad Municipal Corporation Act, 1955, if the said structures wherein the petitioner is doing business, are required for any public purpose. 4. In view of the said submission of the respondent/authorities, this writ petition is disposed of, directing the respondents not to take any steps otherwise than as provided under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955. No order as to costs. _____________________ R.SUBHASH REDDY, J 29th April 2009 ajr