THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30543 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in trying to dispossess/evict the petitioner by way of removing/demolishing petty cloth business being run in a small shop admeasuring 4”x3” beside the wall of postal stores depot, Pattergatti, Hyderabad without issuing any prior notice or proper opportunity to the petitioner as illegal and arbitrary. 2. Case of the petitioner may be stated as follows: The petitioner is carrying on petty cloth business in the aforesaid premises by erecting a small shop admeasuring 4”x3” for the last more than five decades by paying necessary license fee and electricity consumption charges, without causing any inconvenience to traffic or pedestrians. In the year 1998, when the respondents herein along with police officials tried to interfere with the possession and enjoyment of petitioner by removing the temporary shops, petitioner along with others filed Writ Petition No.13122 of 1998, which was disposed of by this Court directing the respondents to issue prior notices and proper opportunity of being heard to the petitioners therein and pass final orders. On 15.11.2011, officials of second respondent again tried to dispossess the petitioner by removing the structures in the said property. When the petitioner requested them not to take coercive steps for his dispossession without following due procedure, as directed in the earlier Writ Petition, still the officials threatened him that they would come on 25.11.2011 by which time the petitioner has to remove the structures. Hence, the Writ Petition. 3. Learned counsel for petitioner contended that the officials of respondents are trying to dispossess the petitioner by removing his petty cloth shop without following due process of law and hence he prays to issue direction to the respondents to follow due process of law. 4. On the other hand, learned standing counsel appearing for the respondents stated that after following due process of law, action would be initiated against the petitioner. 5. The petitioner seems to have been running a small cloth shop admeasuring 4” x 3” ” beside the wall of postal stores depot, Pattergatti, Hyderabad for a long time. When the respondents tried to remove the shop, he filed Writ Petition No.13122 of 1998, which was disposed of by this Court directing the respondents to take action in accordance with law after giving reasonable opportunity to him. It is stated that officials of respondents are trying to evict the petitioner forcibly without following due process of law. Admittedly, no notice as required under the Greater Hyderabad Municipal Corporation Act, 1955 was issued to the petitioner. Therefore, the respondents are directed to follow the procedure contemplated under the Greater Hyderabad Municipal Corporation Act, 1955 for taking further action. 6. With the above direction, the Writ Petition is disposed of. No costs. --------------------- (K.C.Bhanu, J.) 18.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30543 OF 2011 18.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30543 OF 2011 DATED 18.11.2011 Between: Narendra Mishra …Petitioner And Greater Hyderabad Municipal Corporation rep. by its Chief Commissioner & another …Respondents