IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 15114 of 2009 Between: 1 C.H. Janardhan, S/o. Narasimhulu, Audio & Video Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. 2 Vaspula Jangaiah, S/o. Lakshmaiah, Cool Drink Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. 3 Avvari Ravi, S/o. Chandraiah, Electrical Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. 4 Gutti Janardhan, S/o. Balaiah, Pan Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. 5 Kempini Nagabhooshanam, S/o. Muniyappa, Tea Stall, R/o. Amangal Village & Mandal, Mahabubnagar District. 6 Malledi Katike Narsingh, S/o. Chandoji, Pan Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. 7 Gutti Balaswamy, S/o. Janardhan, Cool Drinks Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. 8 P. Murali Krishna, S/o. Ramulu, Photo Frame Work, R/o. Amangal Village & Mandal, Mahabubnagar District. 9 Silveru Ramulu, S/o. Chukkalaiah, Cocunut & Pan Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. 10 Fiaz, S/o. Khaja, Tea Stall, R/o. Amangal Village & Mandal, Mahabubnagar District. 11 Kempeni Ramalingappa, S/o. Muniyappa, Pan Shop, R/o. Amangal Village & Mandal, Mahabubnagar District. ..... PETITIONERS AND 1 The Depot Manager, APSRTC, Kalwakurthy Depot, Mahabubnagar District. 2 The Gram Panchayat, Amangal Village & Mandal, Rep by its Sarpanch, Amangal Village & Mandal, Mahabubnagar District. 3 The Executive Officer, Gram Panchayat, Amangal Village & Mandal, Mahaboobnagar District. 4 The Panchayat Secretary Gram Panchayat, Amangal Village & Mandal, Mahaboobnagar District. .....RESPONDENTS 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings bearing No. GPA/62/09, dated 14-7-2009 directing the petitioners to remove their sheds and shops (dubbas) within 7 days which are located on eastern and northern side of APSRTC Bus stand compound wall Amangal Village and Mandal, without issuing any prior notice, as arbitrary, unconstitutional illegal and void and consequently direct the respondents not to evict the petitioner without following the due process of law Counsel for the Petitioner:MRK.SREENIVAS Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.15114 of 2009 ORDER: This writ petition is filed questioning the action of the 4th respondent-Panchayat Secretary, Gram Panchayat, Amangal village and Mandal, Mahabubnagar District, in issuing the eviction notice dated 24.07.2009 directing the petitioners to remove their shops/sheds within seven days from the date of receipt of the notice. The petitioners claim that they are the petty businessmen eking out their livelihood for the last 15 to 40 years by doing petty business in the shops/sheds erected by them on the eastern and northern side abutting the compound wall of the APSRTC bus stand of Amangal village and Mandal, without causing obstruction either to the general public or to the vehicles of APSRTC. While so, it is their case that on 24.07.2009 the respondents issued the impugned notices, stating that respondents constructed new shops and they would be inaugurated shortly, and as the shops/sheds of the petitioners are causing obstacles to the vehicles of APSRTC, and as there is possibility of the shops/sheds of the petitioners, resulting in accidents to the general public, they be removed within seven days from the date of receipt of the notice. The petitioners contend that their shops are located 50 feet away from the R & B road and that if their shops are directed to be removed within a short span of seven days, they will lose their livelihood, and, therefore, atleast some reasonable time be given to them to make alternate arrangement. The grievance of the petitioners is that the 4th respondent has straightaway issued the impugned eviction notice, without issuing any prior notice to them and without affording them an opportunity of hearing. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. The petitioners, admittedly, are encroachers of land abutting the wall of APSRTC, and even though the petitioners contend that the shops/sheds being run by them are not causing any inconvenience either to the general public or to the movement of the vehicles of APSRTC, I am not inclined to accept the same. However, having regard to the fact that the petitioners have sought some time to make alternative arrangements, I deem it appropriate to dispose of the writ petition with the following directions: The petitioners are granted two months time to remove their shops/sheds, located on the eastern side and northern side of the bus stand, and handover the premises to the 4th respondent. Accordingly, the writ petition is disposed of. No order as to costs. _____________ N.V.RAMANA,J 28.07.2009 v v