IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28900 of 2008 Between: Mohd. Haji S/o. Late Mohammed Lal Mohammed R/o. Flat No.503, H.No.8-2-348/1, Road No.3, Banjara Hills, Hyderabad. ..... PETITIONER AND Greater Municipal Corporation of Hyderabad Rep. by its Commissioner Municipal Complex, Tank Bund, 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 direction, order or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in threatening the petitioner to demolish the Flat No.503, V Floor, H.No.8-2-348/1, situated at Flora Apartments, Road No.3, Banjara Hills, Hyderabad, as arbitrary, illegal and contrary to Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondent to refrain from initiating any action with reference to subject property. Counsel for the Petitioner: MR.S.SRI RAM Counsel for the Respondent: SMT.KALPANA EKBOTE The Court made the following Order: THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28900 of 2008 ORDER: The petitioner approached this Court with the following prayer: “to issue a direction, order or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in threatening the petitioner to demolish the Flat No.503, V Floor, H.No.8-2-348/1, situated at Flora Apartments, Road No.3, Banjara Hills, Hyderabad, as arbitrary, illegal and contrary to Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondent to refrain from initiating any action with reference to subject property and pass such other order or orders.” When this matter is taken up for hearing, learned standing counsel for Greater Municipal Corporation of Hyderabad brought to the notice of this Court that the petitioner already approached competent Civil Court by filing O.S.No.367 of 2007 on the file of the Court of the Chief Judge, City Civil Court, Hyderabad, for the very same relief sought for in this writ petition. However, as the said suit was dismissed on 02.09.2008, instead of approaching appellate Court, the petitioner filed the present writ petition. Having heard both the learned counsel, this Court is of the considered opinion that this writ petition is misconceived. However, as the petitioner is in possession of the flat in question since 1997, he shall not be dispossessed without following due process under law. With the above direction, the writ petition is disposed of. No costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 30th December, 2008 Note: Issue CC by tomorrow. (B/o) GHN To 1. Greater Municipal Corporation of Hyderabad Rep. by its Commissioner Municipal Complex, Tank Bund, Hyderabad. 2. 2CD copies Form-NIC-OGS/WP{KBJ}