THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.888 of 2008 Date: 31.01.2008 Between: Yousuf Hussain Ahmed … Petitioner AND Greater Hyderabad Municipal Corporation, Rep by Commissioner Hyderabad. & others. … Respondents Counsel for the petitioner: Mr.Mohd.Zia-ul-Haq Counsel for respondents : Mr.R.Ramchandra Reddy, Standing Counsel HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.888 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in not initiating the proceedings for acquiring the petitioner’s land under the provisions of Section 147 of the Hyderabad Municipalities Act, 1955 (for short ‘the Act”), as illegal and arbitrary. The only grievance of the petitioner is that respondents 1 and 2 are seeking to take over his property, namely, house bearing Municipal No.16-1-487, situated at Saidabad, Hyderabad without initiating the proceedings under Section 147 of the Act, as evident from notice dated 22.9.2007 issued by respondent No.1 Corporation. At the hearing, the learned counsel for the petitioner submitted that as the petitioner is not willing to part with his property by consent, as envisaged under Section 146 of the Act, the only alternative available to the respondents, if they seek to acquire the property, is to follow the procedure envisaged under Section 147 of the Act. Sri Sashidharan Nair representing Sri R.Ramachandra Reddy, learned Standing Counsel for respondent Nos.1 and 2 submitted that if the petitioner is not willing to give his consent, as sought for under notice dated 22.9.2007, respondents 1 and 2 will not forcibly dispossess him, without initiating proceedings under Section 147 of the Act. In view of the statement made by the learned counsel, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.1058 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:31.01.2008 mdaa