THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.10104 of 2002 ORDER: In this Writ Petition the petitioner seeks a Writ of Mandamus declaring the Notice issued by respondent No.1 in Notice No.09/TPS/W11/2001, dated 02-11-2001, and the further action of respondents in threatening to demolish the premises bearing Nos.11-1- 725 and 725/1, situated at Chilkalguda, Secunderabad, as illegal and arbitrary. 2. It is the case of the petitioner that he is the absolute owner and possessor of the premises bearing Nos.11-1-725 and 725/1 situated at Chilkalguda, Secunderabad, which fell to his share in the family partition under a registered partition deed, dated 10-10-1996. The said premises is located in an area of 294 square yards, and it is stated in the affidavit that the value of the said land itself is not less than Rs.25,000/- per square yard. Out of the said area, an area of 62.97 square meters was affected in widening of road in Chilkalguda area from Amar Talikes Junction to Chilkalguda Gandhi Statue. It is the grievance of the petitioner that the respondents are insisting to give his consent to part with the said land, which is required for the purpose of road widening or otherwise, they are threatening to demolish the structures existing therein. 3. At the stage of admission, this Court, by an order, dated 07-06- 2002, has granted interim directions to the respondents not to demolish the petitioner’s premises, and the said orders continued all along. No counter-affidavit is filed on behalf of respondents. 4. Heard the learned counsel for petitioner and the learned standing counsel appearing for respondents. 5. It is not in dispute that the petitioner is the owner of the land in question, and that he has neither given his consent nor entered into an agreement with the respondents to part with the said land, which is required for the purpose of road widening, as contemplated under Section 146 of the Hyderabad Municipal Corporation Act, 1955. In the absence of consent and agreement by the owner of the land, to part with the same, the only option left open for the respondents is to take steps for acquisition of land as contemplated under Section 147 of the Act. As much as it is stated that the petitioner has not given his consent to part with the land, the respondents cannot insist for his consent, to take over the land to the extent required for the purpose of road widening. 6. For the aforesaid reasons, I dispose of the Writ Petition, directing the respondents not to dismantle the property belonging to the petitioner in premises Nos.11-1-725 and 725/1, situated at Chilkalguda, Secunderabad, otherwise than the process of law. Further, the respondents are also directed not to insist upon the petitioner for giving consent to part with the land in question. However, it is made clear that this will not preclude the respondents from taking steps for notifying the land under the Land Acquisition Act. 7. Subject to above directions, the Writ Petition is disposed of. No order as to costs. ____________________ R.SUBHASH REDDY, J. 25th March, 2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 10104 of 2002 Between: Khaja Salahudding Ahmed S/o late Shaik Mahmood R/o 11-1-725/1 Chilakaguda Secunderabad. ..... PETITIONER AND 1 City Planner, M.C.H. Secunderabd Zone, Secunderabad. 2 Commissioner, M.C.H. Tankbund, 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Impugned Notice No. 09/TPS/Will/2001 dt: 2-11-2001, served on 3-6-2002 and the threatening action of the Respondent No. 1 dt: 3-6-2002 to demolish the petitioners premises NO. 11-1-725 and 725/1, situated at Chilkalguda, Secunderabad, as illegal, arbitrary, null and void and in violation of Sections 146 and 147 of H.M.C.Act and the Judgment of this Hon'ble Court made in W.P.No. 794 of 2001 dt: 23-1-2001 and consequently direct the Respondents not to demolish the same. Counsel for the Petitioner:MR.MOHD.ZIA-UL-HAQ Counsel for the Respondent No.: . The Court made the following :