IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 2551 of 2009 Between: Vakaplli Swamynaidu S/o. Audinarayana, Hindu R/o. Janipalle, Amalapuram Mandal, E.G. District. ..... PETITIONER AND The Amalapuram Municipality Amalapuram, E.G. District, Rep. by its Commissioner. .....RESPONDENT 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 a writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondent in interfering with petitioner's possession and enjoyment of the shed/shop raised by him near clock tower in 24th ward of Amalapuram,. East Godavari District and taking steps to dispossess me from the said shed/shop without any manner of right and without due process of law as illegal, arbitrary, violative of principles of natural justice and unconstitutional and consequently direct the respondent not to dispossess/interfere with petitioner's possession and enjoyment of the shed/shop and pass Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent: MR.S.NAGESWARA REDDY The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.2551 of 2009 ORDER: The petitioner states that he is in possession and enjoyment of a piece of land, situated near Clock Tower in the 24th Ward of Amalpuram, East Godavari District, on which he raised shed/shop, and it is his grievance that the respondents, without issuing any notice and without following the due process of law, are taking steps to dispossess him from the said shed/shop, which is illegal and arbitrary. The learned Standing Counsel appearing for the respondent Municipality submits that they issued notice to the petitioner before evicting him from his shed/shop. However, the petitioner disputed the issuance of notice. However, having regard to the facts and circumstances of the case, both the counsel agreed for disposal of the writ petition with the following directions: Before taking steps to evict the petitioner from the shed/shop in question, the respondent is directed to issue notice to the petitioner, calling for his explanation, and after considering the explanation, if any, to be submitted by him, pass appropriate orders. Till such time, the respondent is directed not to dispossess the petitioner from the shed/shop in question. Accordingly the writ petition is disposed of. No costs. ______________ N.V.RAMANA,J 12.02.2009 Note: Wire at party’s costs B/o v v