IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 794 of 2005 Between: 1 G. Ravi Kumar, S/o. Kattamallu, R/o. Gudur Village, Narsampet Mandal, Warangal District. 2 Shaik Hussain, S/o. Saidulu, R/o. Gudur Village, Narsampet Mandal, Warangal District. 3 G. Venkatadri, S/o. Anjaiah, R/o. Gudur Village, Narsampet Mandal, Warangal District. 4 Janardhan, S/o. Ramaji, R/o. Gudur Village, Narsampet Mandal, Warangal District. 5 S. Swamy, S/o. Laxminarayana, R/o. Gudur Village, Narsampet Mandal, Warangal District. 6 E. Radhamma, W/o. Sailu, R/o. Gudur Village, Narsampet Mandal, Warangal District. 7 Shaik Chandu, S/o. Seramaiah, R/o. Gudur Village, Narsampet Mandal, Warangal District. 8 K. Kumara Swamy, S/o. Muthaiah, R/o. Gudur Village, Narsampet Mandal, Warangal District. 9 Gagaram, S/o. Maddaji, R/o. Gudur Village, Narsampet Mandal, Warangal District. 10 I. Sudhakar, S/o. Narayana, R/o. Gudur Village, Narsampet Mandal, Warangal District. 11 Mohd. Mohammadali, S/o. Janimiya, R/o. Gudur Village, Narsampet Mandal, Warangal District. 12 I. Sambaiah, S/o. Balaiah, R/o. Gudur Village, Narsampet Mandal, Warangal District. 13 Sakali Lachamma, W/o. Veeraswamy, R/o. Gudur Village, Narsampet Mandal, Warangal District. 14 G. Sambaiah, S/o. Mallaiah, R/o. Gudur Village, Narsampet Mandal, Warangal District. 15 M. Babu, S/o. Ellaiah, R/o. Gudur Village, Narsampet Mandal, Warangal District. 16 I. Prabhakar, S/o. Narayana, R/o. Gudur Village, Narsampet Mandal, Warangal District. 17 Shaik Subhan, S/o. Sayed, R/o. Gudur Village, Narsampet Mandal, Warangal District. 18 E. Laxminarayana. S/o. Peddasammaiah, R/o. Gudur Village, Narsampet Mandal, Warangal District. 19 G. Sadanandam, S/o. Kattamallu, R/o. Gudur Village, Narsampet Mandal, Warangal District. ..... PETITIONERS AND The A.P.S.R.T.C., rep. by its Regional Manager, Warangal Region, Warangal. ....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to Issue a writ, order or direction particualrly one in the nature of writ of Mandamus declaring the impugned tender notiﬁcationin respect of the proposed shops at Gudur Bus Station vide notiﬁcation No.T2/122 (68)2004-RM: Wgl dt. 28.12.2004 as totally illegal, without jurisdiction and violative of articles 14 and 21 of the Constitution of India and consequently set aside the same by further directing the respondents to regularze the shops of the petitioenrs on such terms and conditions without tender notiﬁcation as the court may deem ﬁt in the interest of justice and be pleased to pass suchother and further order or orders. Counsel for the Petitioner:MR.S.LAKSHMA REDDY Counsel for the Respondent: SMT.P.RAJANI REDDY The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.794 of 2005 ORDER: The petitioners herein, who are admittedly encroachers of land abutting APSRTC Bus Stand, Gudur, ﬁled instant writ petition questioning tender notiﬁcation dated 28.12.2004 inviting tenders for constructing stalls under DOT (Deposit, Operate and Transfer) Scheme for twenty years lease period at diﬀerent places including at bus stand, Gudur. This Court by order dated 04.07.2005 dismissed the petitioners’ miscellaneous application, being W.P.M.P.No.1046 of 2005, seeking to stay impugned tender notiﬁcation. In that view of the matter at this point of time impugned tender notiﬁcation cannot be invalidated, especially when successful tenderers are not before this Court. Secondly the petitioners are only encroachers to the land abutting APSRTC land and they cannot have any grievance if APSRTC, being owner, wants to construct stalls on their property. The writ petition is misconceived and the same is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 31st October, 2008 GHN To 1. The A.P.S.R.T.C., rep. by its Regional Manager, Warangal Region, Warangal. 2. 2CD copies Form-NIC-OGS/WP{JGK}