The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.23988 of 2010 Order: The petitioners claim to be petty businessmen carrying on their business in selling tea/beedi, cigarettes etc., and foot wear respectively at a place, which is stated to be belonging to the Government. It is their pleaded case that though the place, at which they have been carrying on the business, is situated outside the compound wall of the godowns of respondent No.3- A.P.State Warehousing Corporation, the said Corporation is prevailing on respondent Nos.1 and 2 to see that they are evicted therefrom. They have further stated that no proceedings have been initiated under the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’), or any other enactment for their eviction. Sri K.Suresh Kumar Reddy, learned Standing Counsel representing respondent No.3- Corporation, submitted that the place over which the petitioners have been carrying on their business belongs to respondent No.3- Corporation and that therefore, the petitioners have no right to invoke this Court’s jurisdiction under Article 226 of the Constitution of India. The issue as to whether the petitioners have been carrying on their business at the place belonging to respondent No.3- Corporation or the State Government being a disputed question of fact, the same cannot be decided by this Court in this Writ Petition. However, if the respondents feel that the petitioners cannot be permitted to conduct their business over the property, which may belong to the State Government or respondent No.3, they are entitled to evict the petitioners after following the due process of law either under the provisions of the Act or under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, as the case may be. As this procedure does not appear to have been followed by the respondents, they are directed to follow the procedure, if they intend to evict the petitioners from the place in question. The Writ Petition is accordingly disposed of with the direction to the respondents not to evict the petitioners from the place in question without following the due process of law. As a sequel to disposal of the Writ Petition, WPMP.No.30715 of 2010, filed by the petitioners for interim relief, is disposed of as infructuous. _____________________ C.V.Nagarjuna Reddy, J 28th September, 2010 NOTE: Operative portion by WIRE at party’s costs. (B/O) lur