IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21780 of 2008 Between: 1 D.V. Joginder Rao, S/o. D.V. Narayana Swamy, R/o. H.No. 1-11-85, Begumpet, Secunderabad. 2 A. Narender Goud, S/o. Asha Goud, R/o. H.No. 1-11-86, Begumpet, Secunderabad. 3 B. Krishna, S/o. Narayana, R/o. H.No. 1-11-85, Begumpet, Secunderabad. 4 B. sudarshan, S/o. B. Narayana, R/o. H.No. 1-11-85/A, Begumpet, Secunderabad. 5 Md. Abdul Saleem, S/o. Md. Abdul Khadeer, R/o. H.No. 1-11-84/1, Begumpet, Secunderabad. 6 Smt. G. Gandamma, W/o. G. Kistaiah Goud, R/o. H.No. 1-11-83, Begumpet, Secunderabad. 7 Mohd. Akbar Ali, S/o. Mohd. Baquer Ali, R/o. H.No. 1-11-81/A, Begumpet, Secunderabad. 8 Mohd. Saleemuddin, S/o. late Md. Azeemuddin, R/o. H.No. 1-11-76/2, Begumpet, Secunderabad. 9 T. Babu Rao, S/o. T. Anjaiah, R/o. H.No. 1-11-75, Begumpet, Secunderabad. ..... PETITIONER(S) AND 1 The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Municipal Complex, Tank Bund, Hyderabad. 2 The Assistant City Planner, Town Planning Section, Greater Hyderabad Municipal Corporation, Circle No. 18, Secunderabad. 3 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 respondents in not initiating the Land Acquisition proceedings before dispossessing the petitioners from their premises bearing Municipal No.s (1) 1-11-85/1 & 1-11-86/1, (2) 1-11-86, (3) 1-11-85, (4) 1-11-85/A, (5) 1-11-84/1, (6) 1-11-83, (7) 1-11-81/A, (8) 1-11-76/2 and (9) 1-11-75 all premises are situated at Begumpet, Secunderabad as illegal void in contravention of Sections 146 and 147 of H.M.C. Act, and consequently direct the respondents not to dispossess the petitioners from the above premises without initiating the Land Acquisition proceedings 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 REDDY WRIT PETITION NO. 21780 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are nine in number assailing the action of the respondents in trying to dispossess them from the premises in their occupation without following due process of law. 2. The petitioners claim to be in occupation of individual premises. According to them, the respondents are trying to dispossess them in the process of road widening. 3. It appears notice have been issued to the petitioners requiring their consent as provided under Section 146 of Hyderabad Municipal Corporation Act. 4. It is contention of the petitioners that they have not given consent and therefore the respondents are trying to demolish the premises without following due process of law. 5. When the writ petition came up for admission, learned standing counsel of Greater Hyderabad Municipal Corporation received notice on behalf of the respondents 1 and 2. 6. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the respondents 1 and 2. 7. Since the petitioners stated in categorical terms that they are not willing to give consent as sought for by the respondents 1 and 2 under Section 146 of the Hyderabad Municipal Corporation Act, the only course available to the respondents 1 and 2 is to acquire the premises in occupation of the petitioners in accordance with the provisions of Hyderabad Municipal Corporation Act. 8. In that view of the matter, this writ petition is disposed of directing the respondents 1 and 2 to follow due process of law in the event of premises in occupation of the petitioners premises are required to be demolished for road widening. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 30th September, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 21780 OF 2008 30th September, 2008.