THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30734 OF 2011 ORDER: 1. This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the second respondent-Municipality in evicting the petitioners forcibly from their shops bearing Nos.17, 52 and 67 of Janatha Bazar, Vizianagaram Town, without following due process of law, as illegal and arbitrary. 2. The brief facts, which are necessary for disposal of this Writ Petition, are that the second respondent constructed a commercial complex i.e., Janata Bazar in Vizianagaram Town in the year 1983- 84 and the shop rooms in the said complex were leased out to the persons, who made applications, at the rate of Rs.50/- per month by way of an allotment in favour of the individuals. Subsequently, the rents have been increased by the Municipality from time to time and the petitioners have been continuously paying the rents as demanded by the Municipality without any default. While so, the second respondent, with the influence of the local Municipal Councillor, tried to evict the petitioners without following due process of law in order to allot the said shops in favour of the Municipal Councillor’s henchmen. The petitioners are petty vendors doing businesses like chalk piece, slate pencils etc., and eaking out their livelihood in the said premises for the past thirty years and if they are thrown out of their shops, they will loose their livelihood and thereby, they would suffer irreparable loss. Hence, the Writ Petition. 3. Learned counsel for the petitioners contended that without following due process of law, the second respondent is trying to evict the petitioners forcibly from the abovementioned premises and therefore, prays to issue a direction to the respondents not to evict the petitioners without following due process of law. 4. On the other hand, learned Standing Counsel appearing for the second respondent submits that the authorities would follow due procedure as contemplated under the Municipalities Act, 1965, in evicting the petitioners. 5. The case of the petitioners is that they are tenants of the abovementioned properties since long time. Their apprehension is that the second respondent may evict them forcibly and hence, it is appropriate to direct the second respondent to follow due process of law in evicting the petitioners. 6. The Writ Petition is disposed of directing the second respondent to follow due process of law while evicting the petitioners from their possession. No costs. _____________ (K.C.BHANU, J) 22nd November 2011 RRB