IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2016 of 2009 Between: 1 Cheepulla Ramakrishna, S/o. Late Pentaiah, Running STD Booth, R/o. Door No.28-16-1/3, Suryabagh, Visakhapatnam-530 020 2 Cheepulla Seetha Ram, S/o. late Pentaiah, Running STD Booth, R/o. Door No.28-16-1/4, Suryabagh, Visakhapatnam-530 020 ..... PETITIONER(S) AND Greater Visakhapatnam Municipal Corporation, rep by its Commissioner, Visakhapatnam. .....RESPONDENT 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 issue a Writ, order or direction, especially one in the nature of Writ of Mandamus declaring the action of the officials of the respondents in issuing notice Rc.No.8434/08/ACP-III Dt. 2-02-89 granting 24 hours time to remove the alleged unauthorised encroachment, ie., std booths of the petitioners situated in Door Nos.28-16-1/3 and 28 16 1/4 situated in Suryabagh, Visakhapatnam - 530 020 without conducting an enquiry as contemplated under Section 406 of Hyderabad Municipal Corporation Act, 1955 as illegal, arbitrary and violative of Principles of natural justice and consequently set aside the same and direct the officials of the respondent Corporation to desist from initiating the action of evicting the petitioners. Counsel for the Petitioner: MR.VL.N.G.KMURTHY Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: Heard the learned counsel for the petitioners and the learned standing counsel for the respondent – Greater Visakhapatnam Municipal Corporation and at their request the writ petition is taken up for final disposal at the admission stage itself. This writ petition is filed by the petitioners questioning the notices dated 2.2.2009, issued by the respondent Corporation to remove the unauthorized encroachment made by them by erecting STD buddies on GVMC footpath in an extent of 116.44 square feet within 24 hours from the date of receipt of the notice. On 5.2.2009, when the writ petition was taken up, this court while issuing notice before admission, directed status quo to be maintained for a period of ten days. Today, when the matter is taken up, the learned standing counsel for the respondent Corporation submitted that the petitioners themselves approached the 1st respondent – Commissioner, GVMC seeking four weeks time to remove the encroachments and to shift the STD booths to some other place. In the circumstances, the petitioners are permitted to remove the encroachments and to shift the STD booths to some other place within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. N.V.RAMANA,J DT.25.2.2009