IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25841 of 2008 Between: Mohammed Jahngir Ali S/o. Mohd. Yousuf Ali R/o. H.No.16-768, Chaderghat, Hyderabad. ..... PETITIONER AND 1 The Commissioner, Municipal Corporation of Hyderabad. 2 The Divisional Accounts Officer (VI), DIV. No.II, Municipal Corporation of Hyderabad. .....RESPONDENTS 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 any writ, order or direction particularly one in the nature of Mandamus declaring the action of the respondents herein is arbitrary, illegal and consequently by nullifying the same direct the respondents not to demolish or dispossess the petitioner without due process of law in respect of the premises No.16-7-768, portion No.20 first floor total admeasuring 226 Sft. along with undivided share in the land 5 sft, situated at Yousuf Bazar, Chaderghat, Hyderabad. Counsel for the Petitioner:MR.M.R.MOHD.IRFAN Counsel for the Respondents: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER: According to the petitioner, he is the absolute owner and possessor in respect of the premises No.16-7-768 Portion No.20 First Floor, total admeasuring 226 square feet along with the undivided share in the land to an extent of 5 square feet, situated at Yousuf Bazar, Chaderghat, Hyderabad. He obtained building permission vide permit No.14151 of 1997, dated 24.02.1977 and thereafter, constructed the said premises. When some portion of the said building is required for the purpose of road widening, the respondent Corporation demolished some structures of the said building and accordingly, compensation was also paid to the petitioner. On account of such demolition, it is necessitated to reconstruct the building and when the petitioner started the construction, the respondent Corporation is not permitting him. Hence, he filed the present writ petition with the following prayer: “to declare the action of the respondents herein as arbitrary, illegal and consequently to direct them not to demolish or dispossess the petitioner without due process of law in respect of the premises No.16-7-768, Portion No.20 First Floor total admeasuring 226 square feet along with undivided share in the land of 5 square feet, situated at Yousuf Bazar, Chaderghat, Hyderabad. Heard both sides. When once the portion of a building is demolished, it is always open for the owner to do the required patchwork in order to see that the building is complete, but under the guise of the same, the petitioner cannot make any unauthorized constructions. As it is submitted by the learned counsel for the petitioner that the petitioner is only attending the patchwork, but not unauthorized construction, he may approach the respondent Corporation by producing the approved plan, dated 24.02.1977, and after obtaining necessary permission, he may complete the required construction/patchwork. Accordingly, the Writ Petition is disposed of at the stage of admission. No costs. __________________________ GOPALA KRISHNA TAMADA, J Date:26.11.2008 sj