IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT HON'BLE MR JUSTICE P.S. NARAYANA WRIT PETITION NO. 15177 OF 2009 Between: Mohd Zaheer S/o Mohd Ibrahim ..... Petitioner AND The Distrist Panchayat Officer and two others .....Respondents ORDER: This Court ordered notice before admission on 29.7.2009 and directed status quo to be maintained for limited period and which is being extended from time to time. A counter affidavit had been filed by the respondents. Heard the counsel on record. This Writ Petition has been filed for writ of Mandamus declaring the proceedings of the third respondent, bearing No.29/08, dated 17.7.2009, as illegal and pass suitable orders. It is stated that the third respondent accorded permission to the petitioner for running a Khoka at Ch.Dayanand newly constructing shops western side, Kotgir-ethanda Road on Gram Panchayath land for 11 months vide proceedings No. 29/2008, dated 4.3.2009, for Rs. 30/- per month towards rent. It is further stated that they paid the rent vide receipt No. 1925 dated 24.3.2009 for a sum of Rs. 60/- and also paid a sum of R. 180/- vide receipt No. 2605 dated 13.7.2009 up to the month of October, 2009. It is stated that he paid the entire rent for the period from March 2009 to October, 2009 and he is also running a business of pan shop in the said khoka and he is entitled to continue the business up to 3.3.2010. Further it is stated that the petitioner is entitled to continue the business in the said Khoka on the western side of Ch. Dayanand Newly constructing shops western side, Kotgir-Ethunda Road on Gram Panchayat land up to 3.3.2009, but the third respondent on the behest of the 1st and 2nd respondent has issued proceedings No. 29/08 dated 17.7.2009 directing the petitioner to vacate and remove the khoka within 24 hours. Further specific stand had been taken that the petitioner is not in default for payment of rents . In the counter affidavit filed by the respondents, it is stated by the third respondent that the Grampanchayat kotagiri, in its proceedings dated 4.3.2009 had accorded permission to run the pan shop with a monthly rent of Rs. 30/- and the petitioner paid the rent vide receipt No. 1925 dated 24.3.2009 for a sum of Rs. 60/- and also sum of Rs. 180/- vide receipt No. 2605 dated 17/07/2009 up to the month of October 2009. It is stated that according to the agreement the lease period is 11 months from 4.3.2009 to 3.2.2010. It is further stated that the Thasildar Kotagiri addressed a letter dated 15.7.2009 to the Sub-Inspector of Police stating that some unknown persons encroached the R&B road in front of Ch. Dayanand shop near junction of Rudrur to Pothangal road and Kotagiri to Ethonda road and erected pan shop, due to which the passengers are facing difficulties to cross the road and also obstructing the free flow of the traffic. In turn the Station House Officer of Kotagiri addressed a letter No. J3/2009 to the third respondent to remove the said shop to clear the traffic by canceling the agreement dated 4.3.2009. In pursuance of the order of the Station House Officer of Kotagiri, the third respondent issued notice to the petitioner, which is impugned in this Writ Petition. Specific stand has been taken that the lease period is subsisting. Further it is stated that the third respondent is ready to show alternative place of business to the petitioner in the land belongs to the Grampanchayat. It is stated that the present place in which the petitioner is running business obstructing the traffic and as well as to the passengers. Certain further submissions also had been made in paragraph 7 of the counter affidavit. It is not in serious controversy that the petitioner is having lease up to 3.2.2010. But however, the impugned notice had been issued in the light of traffic problem in that area concerned. Specific stand has been taken that the third respondent is ready to show the alternative place of business to the petitioner in the land belonging to the Gram Panchayat. In the light of the same, let the petitioner submits his representation by way of explanation to the third respondent, in this regard and let the third respondent also take appropriate steps in showing the alternative place, as specified in paragraph six of the counter affidavit, to the petitioner. Till such exercise is made and decision is taken by the third respondent in this regard, let status quo as on today be maintained. Accordingly, the Writ Petition is disposed of. No order as to costs. __________________ P.S. NARAYANA,J DATE: 25.11.2009. KA .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies