HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27774 OF 2008 Date : 31.12.2009 Between: Mohd. Waseem. …… Petitioner And The Greater Hyderabad Municipal Corporation, rep. by its Commissioner & another. …..Respondents. HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27774 OF 2008 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, directing the respondents not to take steps for taking possession of the shop in the ground floor of the premises bearing Municipal No.22-5-719, admeasuring 114 square feet, pursuant to the notice, dated 20.07.2005, issued in Letter No.550/RW/ACP/C1/MCH/2005. 2. The petitioner claims ownership and possession with regard to a shop in the ground floor of the premises bearing Municipal No.22-5- 719, admeasuring 114 square feet, along with an undivided share of 6.30 square yards, situated at Chowk Maidan Khan, near Panjeshah, Hyderabad. In this writ petition, it is the grievance of the petitioner that though he has purchased part of the said property, respondents are taking steps for its demolition, pursuant to the notice, dated 20.07.2005, issued in Letter No.550/RW/ACP/C1/MCH/2005. The aforesaid letter is addressed to one Smt.Jayanti Dalmiya, by the 2nd respondent, stating that the respondents have undertaken a proposal for widening of the road from Gulzar house to Royal Function Hall, and in the said process, an extent of 20.21 square yards of land in the premises bearing No.22-5-719 is being affected, as such, the addressee was requested to hand over possession of the same. 3. Heard learned counsel for petitioner and the learned Standing Counsel appearing for the respondents. 4. So far as petitioner is concerned, it is not in dispute that he has purchased a part of the property in the premises bearing No.22-5- 719. For the purpose of widening of the road, the respondents may take possession of property by negotiating with the owners of such property and obtaining their consent, or by initiating the land acquisition proceedings. In this case, when a part of the property in question is already purchased by the petitioner by way of a registered sale deed, dated 21st of September 2004, he cannot be dispossessed, by addressing the previous owner. 5. For the aforesaid reasons, this writ petition is disposed of, directing the respondents not to dispossess the petitioner or dismantle his shop in the ground floor of the premises bearing No.22-5-719, admeasuring 114 square feet, without following due process of law. However, this order will not preclude the respondents either to take steps by negotiations with the petitioner or to take steps in accordance with the Land Acquisition Act, to acquire the property, which is required for road widening. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 31st December 2009 ajr