IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27220 of 2007 Between: 1 Farooq Ahmed, S/o Fazal Ahmed, R/o Owasi Nagar, Ward No.13, Bhainsa, Adilabad District & another 2 Md.Abdul Athur, S/o Abdul Wahid, R/o new Abadi, Ward No.7, Bhainsa, Adilabad District. ,,,,PETITIONER(S) AND 1. The Commissioner of Bhainsa Municipality, Bhainsa, Adilabad District, Andhra Pradesh. 2 The Town Planning Officer of Bhainsa Municipality, Bhainsa, Adilabad District. 3 The Executive Engineering R&B Department, Nirmal Division, Adilabad District. 4 The Thasildhar of Bhainsa, Adilabad District. 5 Circle Inspector of Bhainsa Town Adilabad District. 6 The District Collector, Adilabad District. .....RESPONDENT(S) 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 an order, direction or writ, more in the nature of writ of mandamus declaring that the action of respondents 1 to 5 in trying to evict the petitioners from their respective shops in Bhainsa Municipality, Adilabad District as illegal, null and void and contrary to the directions given by the Hon'ble High Court in W.P.No.4673 of 2006 and consequentially the petitioners from there shops respectively and interfere with the shops of petitioners and not to interfere with their licensed business in the said shops in the interest of justice and equity and to pass such other or further orders as deem fit andproper in the circumstances of the case. Counsel for the Petitioner:MR.K.MANIK PRABHU Counsel for the Respondent No.: MR.RADHA KRISHNA POLISETTY (SC FOR MPL) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 27220 OF 2007 ORDER: 1. This writ petition has been filed by the petitioners who are two in number with a prayer to issue a writ of mandamus declaring the action of Respondents No.1 to 6 in trying to evict them from the respective shops, situated at Bhainsa Municipality, is illegal and void. 2. This is second journey of the petitioners to the High Court. On earlier occasion the petition filed by the petitioners came to be disposed of on 29-9-2006. The relevant portion of the order passed in Writ Petition 4673 of 2006 reads as hereunder. “Hence, the statement of the respondents that they are not interfering with the business of the petitioners is placed on record and the writ petition is disposed of granting liberty to the respondents to proceed with the constructions inside the Government hospital Area subject to orders from the 3rd respondent. Writ Petition is accordingly disposed of. No costs”. 3. First Petitioner has sworn to the affidavit filed in support of the writ petition. Details of the writ affidavit are not required to be mentioned, in view of the orders passed in the earlier writ petition. Since there is already a direction to the Respondents to follow the due process of law in evicting the respondents, no further direction needs to be given in this writ petition. 4. With the above observation, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 11th June, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 27220 OF 2007 11th June, 2008.