P.S.NARAYANA
City Restaurant, Stores & Bakery, Business,Hyd. – Appellant
Versus
Commissioner, MCH, Hyd. – Respondent
Heard Sri Mohd. Basith Ali Yavar, the learned counsel representing the petitioner and Sri Ganta Rama Rao, learned standing counsel for Municipal Corporation of Hyderabad.
2. The writ petition is filed praying for a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proposed action of the respondents 1 and 2 to demolish the mulgies 5 to 9 under the occupation of City Restaurant forming part of the property bearing Municipal No. 21-5-16, situated at Petlaburj, Hyderabad in collusion with respondent No.3 without notice to the petitioner under road widening programme and without following due process of law as highly illegal, arbitrary and contrary to Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955, (hereinafter in short referred to as ‘the Act’) and pass such other suitable orders.
3. Sri Ganta Rama Rao had taken notice representing the Municipal Corporation of Hyderabad on 23-06-2006 and requested time to get instructions in the matter. This court while directing the office to list the matter on 26-6-2006 also made a further direction “In the meanwhile, the respondents not to proceed with the demolition acti
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