THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.6320 OF 2011 O R D E R: This writ petition is ﬁled seeking to issue writ of mandamus declaring the action of respondent Nos.1 and 2 in undertaking demolition activity of shop premises bearing No.3-4-423/2 & 3 and 3-4-423/5 & 6, Badi Chowdi, Narayanaguda, Hyderabad, where the petitioners are running their respective business, in the process of road widening, by taking consent from respondent No.3, without giving any proper notice and opportunity to the petitioners being tenants/persons aﬀected as illegal and arbitrary and consequently set aside Notice No.174/TPS/Circle 9/GHMC/2011, dated 10.03.2011, on the file of respondent No.2. 2. It is stated in the aﬃdavit ﬁled in support of the writ petition that the petitioners are running the aforementioned shops, which belong to respondent No.3. In the year 2001, when respondent Corporation decided to take up the shops of the petitioners for the purpose of road widening, petitioners ﬁled W.P.No.26598 of 2001 but the same was dismissed. Aggrieved thereby, they preferred W.A.No.85 of 2002 and the same was disposed of with a direction to respondents to take action only by following due process of law in case the respondents intend to acquire the property. While so, on 10.03.2011, respondent No.2 issued notice to petitioners giving twenty four hours time to vacate their respective shops and threatened them with demolition of shops in case they fail to vacate the shops within the time stipulated. Hence, the present writ petition. 3. Respondent Nos.1 and 2 ﬁled counter-aﬃdavit stating that the Corporation decided to widen the road on which the above mentioned shops were situated and issued notices to the owners of the properties on the said road. In response to the notices, respondent No.3 executed an undertaking, dated 19.08.1994, giving consent for road widening and to hand over the physical possession of the structures on free of cost. W.A.No.85 of 2002 was also disposed of with a direction to the respondents to take action only by following due process of law in the event they acquire the property. Respondent No.3, who is the owner of the property, has already executed an undertaking to hand over the said premises to the Corporation for road widening. After acquiring the neighbouring properties on the said road, the Corporation decided to demolish the structures on the said road for widening the same upto 100’ and hence, issued notice on 09.03.2010 to the petitioners. On 11.03.2011, the Corporation has taken up the demolition work on the said road and in the meanwhile, the petitioners ﬁled a writ petition and obtained interim stay. So, the Corporation stopped the demolition of the shops and the other shops of respondent No.3 were already vacated by the tenants and the same were demolished. If the shops of the petitioners are not demolished, the very purpose of widening the road will be defeated and it is only for the purpose of general public. 4. Learned counsel for the petitioners contended that the petitioners are the tenants in respect of the premises in question; that though the extent of the site in which the building was in the occupation of the petitioners is only 24’, respondent Nos.1 and 2 are trying to demolish the entire building and therefore, he prays to issue a direction to respondent Nos.1 and 2 not to interfere with the building, which is not required for the road widening. 5. Learned Standing Counsel appearing for respondent Nos.1 and 2 contended that the land owner of the site in question has given a consent for giving 25’ breadth for the purpose of road widening and the Corporation requires to an extent of 25’ breadth in respect of the landlord’s building. 6. The grievance of the petitioners is that under the guise of consent given by the owner, the Corporation is trying to demolish the entire structures. In view of the fact that the owner of the building has given consent to acquire the land to an extent of 25’ for the purpose of road widening, to that extent only those structures which are required for demolition have to be demolished. The petitioners have voluntarily come forward to demolish the structures to an extent of 25’ and thereafter, whatever structures are remaining, they can be used by the petitioners by erecting necessary protection shutters to the shops thereby, the interest of the petitioners can be safeguarded. For putting the shutters after demolishing the structures to an extent of 25’, the Municipal Corporation shall not object for erecting the shutters. Therefore, the petitioners are directed to demolish the structures to an extent of 25’ at their expenses and thereafter, they can erect shutters within a period of four (4) weeks from the date of receipt of a copy of this order. The entire exercise shall be completed within a period of four (4) weeks from today. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 29th November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.6320 OF 2011 Date:29.11.2011 AMD