IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22469 of 2008 Between: D. Mallappa S/o. D. Nagappa R/o. H.No.5-1-496/1, Ground Floor, Jambagh, Hyderabad, A.P. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund, Hyderabad, A.P. 2 The Assistant City Planner, Central Zone, Circle No.8, Greater Hyderabad Municipal Corporation, Hyderabad, A.P. 3 V.P. Sunita W/o. T.P. Prakash R/o. H.No.5-1-496/1 to 6, Jambagh, Hyderabad, A.P. 4 The Government of Andhra Pradesh, rep. by its Secretary, Municipal Administration Department, Secretariat, 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 more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent and his staﬀ dated 01.10.2008 threatening to demolish the petitioner premises bearing No.5-1-496 and 467, situated at Jambagh, Hyderabad, as illegal, arbitrary and contrary to the spirit fo the judgment of this Hon'ble Court delivered by the Division Bench in W.P.No.6317 of 1996, dated 15.03.2001, reported in 2001 (3) ALD (DB) and consequently direct the respondents not to demolish the above referred premises without initiating Land Acquisition Proceedings strictly in accordance with the spirit of the above Judgment in the interest of Justice and pass 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 REDY WRIT PETITION NO. 22469 OF 2008 ORDER: 1. This writ petition has been ﬁled by D.Mallappa assailing the action of the respondents 1 and 2 in contemplating to demolish the premises in occupation. 2. The petitioner claims to be a tenant in respect of the premises Municipal bearing No. 5-1-496 and 467 situated at Jambagh, Hyderabad. Smt. G.Anasuya is the owner of the premises. A special power of attorney came to be executed by the owner of the premises in favour of Smt. V.P. Sunitha-3 rd respondent in the year 2003. The petitioner ﬁled W.P.NO. 9631 of 2003 assailing the action of the respondents 1 and 2 in trying to disposses him without following due process of law. The said writ petition came to be disposed of on 28-7-2008 directing the respondents 1 and 2 to follow the due process of law. 3. The respondents 1 and 2 served notice on the petitioner, directing him to vacate the premises since the same is required for road widening. The petitioner approached this Court assailing the notice dated 1-10-2008 caused to him. 4. When the writ petition came for admission, learned standing counsel appearing of Greater Hyderabad Municipal Corporation received notice on behalf of the respondents 1 and 2. 5. Heard, Learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents 1 and 2. 6. Learned counsel appearing for the petitioner submits that the petitioner being tenant of the premises is entitled to notice in case the premises in occupation of the petitioner is required to be demolished. In support of his contention reliance has been placed on the decision of this Court in Ushodaya Publications, Hyderabad Vs. Commissioner, Municipal Corporation of Hyderabad[1]. 7. Learned standing counsel appearing for the Respondents No. 1 and 2 submits that notice has been caused to the petitioner requiring him to vacate the premises for the purpose of road widening. Copy of the notice has been ﬁled along with the material papers. The text of the notice read as here under. “With reference to the above subject cited, that the premises bearing Noo. 5-2- 496/1 to 6 , Jambagh, Hyderabad belongs to Smt.V.P Sunitha, has already given consent letter for the land aﬀected in 100’-0 wide road i.e. 50;-0” from the center of the road, their property is getting aﬀected to a depth of 25’- 0” to 23’-0. You are residing in a shop in 1st and 2nd floors of the said building. Therefore, you being a tenant is hereby inform to vacate the premises immediately. So, as to take up the Road Widening Work. Sd/- Asst. City Planner, C.Z, Cirlce-8 , GHMC” 8. Notice issued to the petitioner is in substantial compliance of the orders passed by this Court in W.P.No. 9631 2003 indisputably the owner has given consent. 9. In that view of the matter, the writ petitioner is granted two months time to secure alternative accommodation. 10. In the result, this writ petition is disposed of granting two months time to vacate the premises so as to enable the respondents 1 and 2 to proceed with the demolition of the required portion of the building for road widening. The petitioner ﬁle an undertaking before the to the respondents 1 and 2 that he would vacate the premises on or before expiry of two months time. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 20th October, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDY WRIT PETITION NO. 22469 OF 2008 20th September, 2008. [1] 2001(3) ALD 173 ( DB)