THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33372 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in issuing notices dated 12.12.2011 to the petitioners directing them to vacate the shops held by them situated at R3 major belt i.e. 65.00 at ‘cart bridge’ on either side of Neruducharla Village & Mandal, Nalgonda District, without following due process of law, as illegal and arbitrary, and consequently direct the respondents not to evict the petitioners from their shops without following due process of law. 2. The case of the petitioners, in brief, is that the petitioners are landless poor persons and un-employees and eking out their livelihood by establishing small shops like chicken center, vegetable shops and other small shops availing loans and also running those shops in the site in question, and they have no other source of income, and that they are paying tax to grampanchayat and obtained service connections from Electricity Department, and while the matter stood thus, the second respondent issued the impugned notices dated 12.12.2011 to the petitioners directing to vacate the shops within 3 days from the date of receipt of the said notice. Hence, the Writ Petition. 3. Learned counsel for the petitioners contended that the petitioners have been in possession of their respective shops for more than three decades and without their being any opportunity, the impugned notices were issued directing to remove the structures within 3 days from the date of receipt of the notice. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents 1 and 2 contended that after following due process of law action would be initiated against the petitioners. 5. As seen from the impugned notices, they were issued directing the petitioners to vacate from the respective shops within 3 days from the date of the receipt of the said notices. Admittedly, no opportunity was given to the petitioners calling for their explanation. The contention of the learned counsel for the petitioners is that the petitioners have been in occupation of the premises in question for a long time by paying electricity charges to the department. Therefore, the respondents ought to have called for explanation from the petitioners before ordering their eviction. 6. Therefore, the impugned notices dated 12.12.2011 issued by the second respondent be treated as a show- cause notice, for which the petitioners shall submit explanation within a period of two weeks from today. Thereafter, the respondents shall take appropriate decision in the matter in accordance with law on the explanation submitted by the petitioners. Till then the petitioners shall not be evicted from their respective premises in question. 7. With the above direction, the Writ Petition is disposed of. No costs. ________________ (K.C.BHANU, J.) 16.12.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33372 OF 2011 Date: 16.12.2011