IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18653 of 2008 Between: Mohd. Mufeez, S/o. Mohd. Jamal Shareef, R/O. H.No. 4-5-51, Fateh Pura, Karimnagar, Karimnagar District, Andhra Pradesh. ..... PETITIONER AND 1 The Govrernment of Andhra Pradesh, Rep. by Principal Secretary to Home, Secretariat, Hyderabad. 2 The Superintendent of Police, Karimnagar District, Andhra Pradesh. 3 The Station House Officer, P.S. Town 1 Police Station, Karimnagar, Karimnagar District, A.P. .....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 more particularly one in the nature of mandamus declaring the actions of 3rd Respondent in harassing and threatening the petitioner as highly illegal, arbitrary and gross violation of principals of natural justice and Article 21 of Constitution of India. Counsel for the Petitioner:MR.MIRZASAFIULLA BAIG Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.18653 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the 3rd respondent in harassing and threatening the petitioner as illegal, arbitrary and gross violation of principles of natural justice and Article 21 of the Constitution of India. It is the case of the petitioner that, for the past more than 15 years, he is eking out his livelihood by selling flowers on a pushcart in and around Rajiv Chowk near Government Girls School (on the eastern side of the road), which is notified as non-traffic zone, and the Municipal Corporation of Karimnagar is collecting encroachment fee regularly from him. While that being so, the 3rd respondent and his staff are harassing him by pushing his cart aside, throwing the flowers and seizing the material stating that selling flowers on push cart at Rajiv Chowk near Government Girls School (on the eastern side of the road) is contrary to the traffic rules. There is no necessity of going into all the details. Learned Government Pleader appearing for the respondents, on instructions, submits that the respondents never interfered with the flower business of the petitioner at Rajiv Chowk nor they are intending to do so. Recording the submissions of the learned Government Pleader appearing for respondents, the writ petition is closed. However, the respondents are directed not to interfere with the flower vending business of the petitioner at Rajiv Chowk, Karimnagar. _____________ C.V.RAMULU,J 21.11.2008 v v