IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 18948 of 2001 Between: 1 Kasala Khader Basha S/o Late Bade Saheb R/o D.No.2-272, Azad Nagar, Damalcheruvu Village, Pakala Mandal, Chottoor Dist. 2 P.Kareem Saheb S/o Late Madar Saheb R/o D.No.2-2723, Azad Nagar, Damalcheruvu Village, Pakala Mandal, Chottoor Dist. 3 Kolathur Khader Basha S/o Late Sukkur Saheb R/o D.No.2-274, Azad Nagar, Damalcheruvu Village, Pakala Mandal, Chottoor Dist. 4 Kolathur Kareemullaiah S/o Late Shukkur Sahaeb R/o D.No.2-274, Azad Nagar, Damalcheruvu Village, Pakala Mandal, Chottoor Dist. 5 Kokkinti Khader Basha S/o Late Chote Saheb R/o D.No.2-275, Azad Nagar, Damalcheruvu Village, Pakala Mandal, Chottoor Dist. ..... PETITIONER(S) AND 1 A.P.S.R.T.C., Rep By Its Managing Director Hyderabad. 2 The District Collector Chittoor. 3 The M.R.O., Pakala Mandal, Chittoor Dist. 4 The Depot Manager A.P.S.R.T.C., Pakala Mandal, Chittoor Dist. .....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 a Writ or direction or order more particularly a Writ of Mandamus declaring the action of the respondents intrying to forcibly vacate the petitioners from their owned house/lands situated at D.No.2- 272, 2-273, & 2-275, Azad Nagar, Dhamalcheruvu Village, Pakala Mandal, Chittor Dist., and demolish their houses and construct a bus shelter thereon as grossly, unjust and in gross violations of law, and violative of our rights under Art.21 of the Constitution and consquently direct the respondents to take into consideration any other alternative lands for the proposed construction of the bus shelter and pass such other order or orders. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 18948 of 2001 ORDER: 1. Five writ petitioners filed this writ petition claiming that they are residing at premises bearing door Nos. 2-272, 2- 273, 2-274 and 2-275, Azad Nagar, Dhamalcheruvu village, Pakala Mandal, Chittoor District. It is alleged that they are the absolute owners of the aforesaid house properties and are in possession of the same for over three decades. It is alleged that for the purpose of construction of a bus shelter, the respondents 1 and 2 had made attempts to dispossess the petitioners from the house properties, whereupon they approached this court by way of this writ petition. 2. While admitting the writ petition, by order dated 12.9.2001 an interim direction was issued by this Court staying forcible eviction of the petitioners and also subsequent construction of bus shelter upon the land of the petitioners pending disposal of this writ petition. 3. A counter-affidavit is filed by the respondents alleging that though the petitioners are occupants of the aforesaid house properties, but they have encroached upon the land in front of their houses which is, in fact, part of the road poramboke. It is also alleged that they have been given several notices under Section 7 of the Land Encroachment Act and as the petitioners did not receive the said notices, they were served with substitute service. It is noticed that the petitioners’ main allegation that they are in possession of the aforesaid house properties is not controverted and it is alleged that they have unauthorisedly encroached upon the land in front of their houses which form part of the road poramboke. Since the interim order is in force till now, I deem it appropriate to dispose of this writ petition with the following direction. 4. If the respondents choose to evict the petitioners from any part of the land viz., house properties or any other portion in addition thereto, they shall issue appropriate notice to the concerned petitioners and after giving them an opportunity to file objections and affording personal hearing, the respondents shall pass appropriate orders by following due procedure of law. The writ petition is accordingly disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt.22.12.2008 KR ..... REGISTRAR \ // TRUE COPY // SECTION OFFICER To 1 A.P.S.R.T.C., Rep By Its Managing Director Hyderabad. 2 The District Collector Chittoor. 3 The M.R.O., Pakala Mandal, Chittoor Dist. 4 The Depot Manager A.P.S.R.T.C., Pakala Mandal, Chittoor Dist. 5. 2 CCs to GP for Revenue 6. 2 CD copies Form-NIC-OGS/WP{RAGHU}