IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2195 of 2008 Between: 1 K.Jeevan Das, S/o K.Jagannadham, 2 K.Kailash, S/o K.Jagannadham, 3 K.Narsing Rao, s/o K.Jagannadham, (All are r/o H.No.17-2-586, Madannapet, Saidabad, Hyderabad.). ..... PETITIONER(S) AND 1 Govt.of Andhra Pradesh, represented by Prl. Secretary, Municipal Administration, Secretariat Building, Hyderabad. 2 The Commissioner & Spl.Officer, Greater Hyderabad Municipal Corpn.Tank Bund, Hyderabad. 3 The Dist.Collector, Hyderabad, Nampally Station Road, Hyderabad. .....RESPONDENT(S) 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 to issue an order or direction more particularly one in the nature of writ of mandamus declaring the Lr.No.77/RW/ACP/C1/MCH/2007 dated 08-08-2007 as illegal, arbitrary and without jurisdiction and violates the provisions of Art.14, 19, 21 & 300A of the Constitution of India, consequently direct the respondents not to demolish petitioner property bearing H.No.17-2-586, Madannapet, Saidabad, Hyderabad, without resorting provisions of MCH Act and pass any other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.N.ASHOK KUMAR Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are three in number, assailing the action of the Commissioner, the Greater Hyderabad Municipal Corporation, Hyderabad-2nd respondent in proceeding with the demolition of a portion of the building of the petitioners in road widening. 2. A notice came to be issued to the petitioners requiring their consent for delivery of the possession of the affected portion of the building in road widening. That is the cause of action for the petitioners to approach this Court by invoking the jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the 2nd respondent-Corporation. 4. Learned Standing Counsel appearing for the 2nd respondent- Corporation, on instructions, submits that the notice dated 25.01.2006 is virtually under Section 146 of the Hyderabad Municipal Corporation Act, 1955. If the petitioners are not willing to give consent, the required portion of the building of the petitioners will be acquired by following the due process of law. 5. In that view of the matter, the writ petition is disposed of at the admission stage directing the 2nd respondent to follow the due process of law in the event of part of the building possessed by the petitioners is required in road widening. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:18th June, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}