IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20499 of 2008 Between: Syed Ahmed-Ul-Hussaini, S/o. syed Mohammed-Ul- Hussaini, R/o. H.No. 20-5-316, Qazipura, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, Rep. byits Commissioner, Municipal Complex, Tank Bund, Hyderabad. 2 The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle No.4, Khairtabad, Hyderabad. 3 The Government of Andhra Pradesh, Rep. by its Secretary, Municipal Administration Department, Secretariat, 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 of Writ of Mandamus declaring the action of the respondents in not initiating the Land Acquisition Proceedings before dispossessing the petitioner from his premises No. 10-1-17/A/1 to 8, situated at Masab Tank Road, Hyderabad, as illegal, void in contravention of Sections 146 and 147 of H.M.C. Act and consequently direct the respondents not to dispossess the petitioner 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.: MR. R.RADHAKRISHNA REDDY, STANDING COUNSEL FOR GHMC. The Court made the following : ORDER: This writ petition has been ﬁled by Syed Ahmed-Ul- Hussaini assailing the action of the respondents in trying to dispossess him from the house bearing No.10-1-17/A/1 to 8, situated at Masab Tank Road, Hyderabad, without following the due process of law. 2. The petitioner claims that he is the joint owner and possessor of the house bearing No.10-1-17/A/1 to 8, situated at Masab Tank Road, Hyderabad, having purchased the same under a registered sale deed dated 02.12.2006. The petitioner transferred half portion of the house in favour of his wife by way of oral gift. It is his contention that the respondents 1 and 2 are trying to dispossess him from the house in his occupation without following the due process of law. 3. When the writ petition came up for admission, Sri R. Radhakrishna Reddy, learned Standing Counsel of GHMC, takes notice on behalf of the respondents 1 and 2 Corporation. The learned Standing Counsel, on instructions, submits that in the event of the house bearing No.10-1-17/A/1 to 8, situated at Masab Tank Road, Hyderabad, is required to be demolished, the respondent Nos.1 and 2 will follow the due process of law. 4. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents 1 and 2 to follow the due process of law in the event of the house bearing No.10-1-17/A/1 to 8, situated at Masab Tank Road, Hyderabad, is required to be demolished in road widening. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:14th October, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}