HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.23088 of 2011 Date : 29-8-2011 Between: Sri Vinayak Guttedar .. Petitioner And The Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Hyderabad and another .. Respondent Counsel for petitioner : Sri T.S. Praveen Kumar Counsel for respondents : Sri C.Damodar Reddy, Standing Counsel The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in proposing to demolish the premises in occupation of the petitioner as illegal and arbitrary. The petitioner has taken mulgi bearing No.5-9-54/A, Poolbagh, Basheerbagh, Hyderabad on lease from the person who is in possession of the said premises for more than 30 years. The petitioner is running a liquor shop in the said premises whose licence is valid till 30-6-2012. Respondent No.1 issued notices to the occupants of the properties in Poolbagh area to vacate the same within 15 days for the purpose of construction of 256 houses under Jawaharlal Nehru National Urban Renewal Mission Housing Scheme (JNNURM). According to the petitioner, the premises in his occupation is located on the road side which can be used as set-backs for construction of the said houses and that his continuance therein till the expiry of the lease period would not in any manner hinder the construction of the houses under the JNNURM. The petitioner claimed to have made a representation to the respondents to permit him to remain in possession of the premises in question till 30-6-2012, undertaking to handover vacant possession of the same, immediately on the expiry of the lease period. This court has adjourned the case to enable Sri C. Damodar Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) to get instructions. Accordingly, the learned Standing Counsel has reported instructions and confirmed that the petitioner has made such a representation. The learned Standing Counsel has fairly stated that as the petitioner’s continuance in the premises in question may not obstruct the construction of the houses and having regard to the plea of the petitioner that his licence period is valid till 30-6-2012, this Court may permit him to remain in possession till 30-6- 2012, with the direction to him to handover vacant possession of the premises on 1-7-2012. Having regard to the above submissions of the learned Standing Counsel, the Writ Petition is disposed of in the following terms: (1) The petitioner is permitted to remain in possession of the premises bearing mulgi No.5-9-54/A, Poolbagh, Basheerbagh, Hyderabad till 30-6-2012; (2) Within two weeks from today, the petitioner shall file an affidavit before the Executive Engineer, Greater Hyderabad Municipal Corporation, Hyderabad undertaking to handover vacant possession of the premises unconditionally on 1-7-2012; (3) If the affidavit as mentioned in condition (2) supra is not filed within the stipulated time, the respondents shall be free to evict the petitioner without issuing further notice; (4) The petitioner shall handover the vacant possession of the property on 1-7-2012 in the event of compliance with condition (2) supra and if the petitioner fails to handover the vacant possession of the property, the respondents shall be free to evict him on 1-7-2012, without any notice to the petitioner. Subject to the above directions, the Writ Petition is disposed of. As a sequel, WPMP No.28241/2011 is dismissed as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 29-8-2011 AM