IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 28172 of 2007 Between: 1 M.A.Wajid, S/o M.A.Samad, C/o Shop No.3-6-138/1 & 2, Himayatnagar, Hyderabad. 2 M.A.Majid, S/o M.A.Samad, C/o Shop No.3-6-138/3, Himayatnagar, Hyderabad. 3 M.A.Moiz, S/o M.A.Samad, C/o Shop No.3-6-138/4, Himayatnagar, Hyderabad. 4 Madan Mohan Gupta, S/o Late Sri Gajanand Gupta, C/o Shop No.3-6-138/5, Himayatnagar, Hyderabad. 5 Smt.Vimala Devi Gupta, W/o M.M.Gupta, C/o Shop No.3-6-138/6, Himayatnagar, Hyderabad. 6 Smt.Chanchal Jain, W/o Anup Jain, C/o Shop No.3-6-138/7, Himayatnagar, Hyderabad. 7 Anita Soni, W/o Brij Mohan Soni, C/o Shop No.3-6-138/8 & 9, Himayatnagar, Hyderabad. 8 R.K.Agarwal, s/o late B.K.Agarwal, C/o Shop No.3-6-138/10, Himayatnagar, Hyderabad. 9 Smt.Sita Devi Agarwal, w/o R.K.Agarwal, C/o Shop No.3-6-138/11& 12, Himayatnagar, Hyderabad. 10 M.A.Samad, S/o M.A.Majeed, C/o Shop No.3-6-138/15, Himayatnagar, Hyderabad. 11 S.A.Mujeeb, S/o S.A.Rajak, C/o Shop No.3-6-138/17, Himayatnagar, Hyderabad. 12 Mahboobunissa Begum, w/o S.A.Razzak, C/o Shop No.3-6-138/18, Himayatnagar, Hyderabad. 13 Gulam Mohammed Khan, s/o late Dost Mohd.Khaja, C/o Shop No.3-6-138/19, Himayatnagar, Hyderabad. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation represented by its Commissioner, BRKR Bhavan, Hyderabad. 2 Chief City Planner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. 3 Assistant City Planner, Circle No.3, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. 4 M/s.Platinum Constructions, represented by its Partner Mr.Deepak Gupta, 4-1-966, Abids Road, Hyderabad. .....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 and more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with the repairs and construction activity undertaken by the petitioners in theleft over portion after road widening of their shops at H.no.3-6-138/1 to 3-6-138/7, 3-6-138/10 to 3-6-138/12, 3-6-138/15, 3-6- 138/18, 3-6-138/19, Himayatnagar,Hyderabad without notice is illegal, arbitrary, unconstitutional apart being contrary to the provisions of Hyderabad Municipal Corporation Act, 1955 and in breach of the principles of natural justice and consequently direct the respondents not to interfere with the petitioner's rights in the said shops except in accordance with law and pass suchother order or orders as the Hon'ble Court may deem fitand proper in the circumstances of the case. Counsel for the Petitioner:MR.V.M.M.CHARY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 28172 of 2007 ORDER: It is submitted by learned counsel for the petitioners that he has already given ‘no objection’ to the petitioners and he is having no instructions to appear in the matter. There is no representation by the petitioners or by any other counsel. In that view of the matter, the writ petition is dismissed for non- prosecution. No order as to costs. ------------------------------ R. SUBHASH REDDY. J APRIL 30, 2009 Tsr/Gk