IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21906 of 2008 Between: 1 H. Murlidhar S/o. H. Shanker Rao R/o. H.No.1-11-86/B, Begumpet, Secunderabad. 2 Y. Naresh S/o. Y. Venkata Swamy R/o. H.No.1-11-86/C, Begumpet, Secunderabad. ..... PETITIONER(S) AND 1 The Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Municipal Complex, Tank Bund, Hyderabad. 2 The Asst. City Planner Town Planning Section Circle No.18, Secunderabad. 3 The Govt. of A.P. Rep. by its Secretary Secretariat, Hyderabad. (Respondent No.3 is not necessary party to this petition) .....RESPONDENT(S) 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 not initiating the Land Acquisition proceedings before dispossessing the Petitioners from their premises bearing Municipal Nos.1-11-86/B and 1-11-86/C, situated at Begumpet, Secunderabad, as illegal, void in contravention of Sections 146 and 147 of H.M.C. Act, and consequently direct the respondents not to disposses the petitioners form the above premises without initiating the Land Acquisition proceedings in the interest of justice. Counsel for the Petitioner:MR.MOHD.ZIA-UL-HAQ Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 21906 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are two in number assailing the action of the respondents 1 and 2 in trying to demolish the house in their occupation in the process of road widening without following due process of law. 2. The 1st petitioner is the owner of house bearing No.1-11- 86/B and whereas the 2nd petitioner is the owner of house bearing No.1-11-86/C, situated at Begumpet, Secunderabad. According to them, the present value of the property is Rs.2,00,000/- per square yards. It is the grievance of the petitioners that the respondents 1 and 2 are trying to demolish the houses in their occupation in the process of road widening without following due process of law. 3. When the writ petition came up for admission, learned standing counsel of Greater Hyderabad Municipal Corporation received notice on behalf of the respondents 1 and 2. 4. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the respondents 1 and 2. 5. The factual aspect of the petitioners being in occupation of the respective premises is not in dispute. In case the premises owned by the petitioners are required for road widening, the respondents have to follow due process of law. 6. In that view of the matter, this writ petition is disposed of directing the respondents to follow due process of law in the event of the premises in occupation of the petitioners are required for road widening. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 30th September, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 21906 OF 2008 30th September, 2008. THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 21906 OF 2008 30th September, 2008.