IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13828 of 2008 Between: R. Chandra Shekar, S/o. R. Balraj, R/O. Mulgi Shop No.3, M.No. 8-2-683/A/C/1,2,3 Badruka Enclave, Road No. 12, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, Rep. byits Commissioner, Hyderabad. 2 The Assistant City Planner, Circle-5, Grater Hyderabad Municipal Corporation at Hyderabad. 3 D. Shobha Rani, D/o. D. Vikaram Raj, R/o. Flat No. A-5, Badruka Enclave Apartments, Road No. 12, Banjara Hills, 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 may be pleased to issue of Writ of Mandamus or any other Writ directing the respondents 1 and 2 to act in accordance with law and forbear from demolishing the premises of which the Petitioner is tenant i.e., bearing Shop No.3, M.No. 8-2-683/A/C/1,2,3 admeasuring 260 Sft., situated at Badruka Enclave, Road No.12, Banjara Hills, Hyderabad, without following the procedure of law and without putting the petitioner/tenant on notice, and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner: MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 & 2:SMT. KALPANA EKBOTE The Court made the following : ORDER: This writ petition has been filed by R.Chandra Shekar assailing the action of the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad-1st respondent and the Assistant City Planner, Circle-5, Greater Hyderabad Municipal Corporation-2nd respondent in contemplating to demolish the premises bearing Shop No.3, M.No.8-2- 683/A/C/1, 2, 3, admeasuring 260 sq. feet, situated at Badruka Enclave, Road No.12, Banjara Hills, Hyderabad, which is in his occupation as tenant, without following the due process of law. 2. The petitioner claims to be the tenant of the premises bearing Shop No.3, M.No.8-2-683/A/C/1, 2, 3, admeasuring 260 sq. feet, situated at Badruka Enclave, Road No.12, Banjara Hills, Hyderabad, owned by D.Shobha Rani-3rd respondent. The petitioner filed O.S.No.1889 of 2008 on the file of VII Junior Civil Judge, City Civil Court, Hyderabad, against the owner of the premises and obtained an order of status quo pending disposal of the suit. Apprehending highhanded demolition of the leased premises by the respondents 1 and 2-Corporation, the petitioner choose to approach this Court by invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Standing Counsel appearing for the respondents 1 and 2-Corporation, on instructions, submits that in the event of the premises bearing Shop No.3, M.No.8-2-683/A/C/1, 2, 3, admeasuring 260 sq. feet, situated at Badruka Enclave, Road No.12, Banjara Hills, Hyderabad, owned by the 3rd respondent, is required to be demolished, the respondents 1 and 2 will follow the due process of law. 4. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents 1 and 2-Corporation to follow the due process of law in the event of the premises bearing Shop No.3, M.No.8-2-683/A/C/1, 2, 3, admeasuring 260 sq. feet, situated at Badruka Enclave, Road No.12, Banjara Hills, Hyderabad, is required to be demolished. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:09th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}