THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.13208 of 2009 ORDER: The petitioners state that they have constructed small sheds and bunks along the Etukuru – Guntur Bye-pass Road, few years ago and are doing business therein. The grievance of the petitioners is that the first respondent is trying to evict them at the instance of respondents 2 and 3. The first respondent filed counter affidavit stating that the petitioners have encroached the road margin and steps to evict the petitioners will be taken in accordance with law duly following the principles of natural justice. The third respondent filed counter affidavit stating that they have no concern with the shops erected by the petitioners and that the land does not belong to it. Heard learned counsel for the petitioner, learned Standing Counsel for the first respondent, learned Government Pleader for the second respondent and learned counsel for the third respondent. The petitioners do not claim any ownership rights over the land in which temporary constructions were made, nor they claim to be the lessees of either the corporation or the religious endowment. Obviously it is an encroachment. The first respondent asserts that the shops are constructed by encroaching road margin. When there is increase in the traffic and road users, the necessity would arise to clear the road margin. The Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’), prescribes the procedure to be followed by the first respondent whenever encroachments on the road margin are to be removed. The first respondent has stated in the affidavit that they would follow the procedure prescribed, and in particular the principles of natural justice. Hence, the writ petition is dismissed taking on record the undertaking given by the first respondent that they would follow the procedure prescribed under the Act for removing the encroachments. There shall be no order as to costs. ______________________ (L. Narasimha Reddy, J.) 4th November, 2009 Js.