IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27605 of 2008 Between: S.D.Masood Sultan S/o.Late S.D.Sultan R/o.H.No.1-8-518/22, Patigadda, Secunderabad. ..... PETITIONER AND The Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund Road, Hyderabad. .....RESPONDENT 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 or direction one or more in the nature of Writ of Mandamus by directing the Official Respondent from dispossessing the Petitioner without due process of law from his property viz., no.1-8-518/22 admeasuring 100 sq. yards in Survey No. 55/2 Part situated at Patigadda, Secunderabad and pass such other and further orders. Counsel for the Petitioner:MR.D.MADHAVA RAO Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO. 27605 OF 2008 ORDER: Assailing the action of the respondent-Greater Hyderabad Municipal Corporation represented by its Commissioner in trying to construct a compound wall, the petitioner approached this Court and filed this writ petition. Even according to the petitioner, when there is a threat from the Government that the land in question is its land, the petitioner approached I Junior Civil Judge Court, City Civil Court, Secunderabad and filed O.S.No. 958 of 2008 for a permanent injunction, restraining the revenue authorities from demolition of the structure without following due process of law. When once, the said suit is pending, in my considered view the petitioner could have as well approached the very same Court and filed an application against this respondent also not to demolish the said structure by impleading this respondent. In that view of the matter, this Court sees no merits in this writ petition and it is hereby dismissed. No order as to costs. However, it is left open to the petitioner to approach the very same Civil Court and file an application impleading the respondent herein as party to the suit and ask for any relief, if he chooses, within a period of two weeks from today. In the meanwhile the respondent shall not proceed with the construction of the said compound wall. _______________________________ Justice Gopala Krishna Tamada 18th December, 2008. KM THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO. 27605 OF 2008 18th December, 2008.