IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No. 4791 of 2007 Between: Smt. Pushpa S. Agarwal, w/o Sri Swarmal Agarwal, r/o 8-2-335, Road No.5, Banjara Hills, Hyderabad. ... PETITIONER AND Municipal Corporation of Hyderabad, rep. by its Special Officer, Tank Bund, Basheerbagh, Hyderabad. ...RESPONDENT 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 more in the nature of writ of mandamus declaring the action of demolition and attempt to acquire the land on 19-02-2007 and 23-02-2007 without issuing any notice the respondent has no right to take possession of the land without following the provisions of the Land Acquisition Act, 1894 and the threat of demolition of Compound Wall, Gate, Room in respect of the property over the plot No.376-B-III, Road No.82, Survey No. Old No.403/1, Shaikpet village and Sy.No.102/1, Hakeempet village, admeasuring 741 sq. yards, equivalent to 620 square mtrs. situated at Banjara Hills, Hyderabad, as being arbitrary, illegal and violative of Article 14 of the Constitution of India and issue such other writ or order or directions as deemed ﬁt and proper in the interest of justice. Counsel for the Petitioner : Mr. B.V.V.S.MURTHY Counsel for the Respondent : Smt. KALPANA EKBOTE The Court made the following: ORDER: Petitioner approached this Court and ﬁled the present writ petition seeking a mandamus declaring the action of the respondent in demolition and attempt to acquire the property over Plot No.376-B-III, Road No.82, Old Survey No.403/1, Shaikpet village and Sy.No.102/1 of Hakeempet village, admeasuring 741 square yards equivalent to 620 square meters situated at Banjara Hills, Hyderabad, as being arbitrary, illegal and violative of Article 14 of the Constitution of India. 2. Having heard the learned counsel on either side and upon perusing the aﬃdavit ﬁled in support of the petition, this Court is satisﬁed that the said action is without following the due process under law i.e. without issuing any notice as provided for under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955. 3. Accordingly, the writ petition is disposed of at the stage of admission itself, with a direction to the respondent not to acquire the lands of the petitioner, as stated supra, without following due process under law. ________________________________ JUSTICE GOPALAKRISHNA TAMADA November 18, 2008 Note: Issue CC in two days. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Special Officer, Municipal Corporation of Hyderabad, Tank Bund, Basheerbagh, Hyderabad. 2. Two CCs to 3. Two CD copies Form-NIC-OGS/WP{RS}