IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7702 of 2008 Between: Gulam Ahmed S/o.Hamid Bus Stand Road,Koratla Proper and Mandal Karimnagar District ..... PETITIONER AND The Koratla Municipality, rep.by its Commissioner Koratla Proper and Mandal, Karimnagar District .....RESPONDENT 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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order or direction declaring the notice dated 7.2.2008 asking the petitioner to remove his pantela/STD adjacent to the compound wall of the APSRTC Koratla Bus stand, Koratla as arbitrary, illegal, null and void and violative of Articles, 14,19 and 21 of the Constitution of India, consequently direct the respondent authority unless appropriate suitable place is allotted to the petitioner nearer to the existing place for running the pantela/.STD the petitioner shall not be evicted and to pass Counsel for the Petitioner: MR.K.VENUMADHAV Counsel for the Respondent : MR.POLISETTY RADHA KRISHNA(SC FOR MPL(TA)) The Court made the following : ORDER: This writ petition has been ﬁled by Gulam Ahmed with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the notice dated 07.02.2008 issued by the respondent asking him to remove his Pantela/STD Booth adjacent to the compound wall of APSRTC, Koratla Bus Stand, Koratla as arbitrary and illegal. 2. The petitioner claims that he has been running a Pantela/STD booth adjacent to the compound wall of APSRTC, Koratla Bus Stand, Koratla since 1999. According to him, he has been paying the taxes/fees as imposed by the respondent. Whileso, the respondent issued a notice to the petitioner directing him to remove the Pantela/STD booth since it is causing obstruction to the free ﬂow of traﬃc. The said notice is under challenge in this writ petition. 3. When the writ petition came up for admission, Sri Polisetty Radhakrishna, learned Standing Counsel received notice on behalf of the respondent. Respondent entered appearance and filed counter-affidavit. 4. One Medishetti Venkatesham, Commissioner, Korutla Municipality has sworn to the counter-aﬃdavit. It is stated in the counter-aﬃdavit that the APSRTC, Koratla complained against the encroachments around their premises and requested the Commissioner, Koratla Municipality to remove the encroachments. Thereupon, the respondent issued the notice impugned in the writ petition. 5. When the writ petition came up for admission hearing, with the consent of the learned counsel appearing for the parties, it is taken up for final disposal. 6. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent. 7. Learned counsel appearing for the petitioner submits that the petitioner has been carrying on business since 1999 and it is only the source of his livelihood and if he is asked to remove the Pantela/STD booth, he will be deprived of his only source of livelihood. 8. Learned Standing Counsel appearing for the respondent submits that the petitioner has been carrying on business on the road margin and it is causing obstruction to the free flow of traffic. He further submits that APSRTC, Koratla has complained against all the encroachers around the premises of Koratla Bus Stand. 9. Indisputably, the petitioner has been carrying on business on the road margin. The respondent issued notice to the petitioner for removal of the Pantela/STD booth put up by him on the road margin. The action of the respondent is within the powers conferred under the provisions of the Andhra Pradesh Municipalities Act, 1965. Therefore, I do not see any valid ground to interfere with the notice impugned in the writ petition. 10. Accordingly, the writ petition is dismissed at the admission stage. No costs. ________________________ B.SESHASAYANA REDDY, J. Date:29th October, 2008. Note: Issue C.C. within three days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}