IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.371 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 31.01.2008 in W.P.No.24084 of 200 on the file of the High Court.) Between: The Ex- Servicemen's Association, Regd. No.228/76, represented by Sri A. Ramakrishna Reddy, S/o. A. Rami Reddy, D.No.11-104, Kota Veedhi, Madanapalle, Chittoor District. .....Appellant And 1. The Commissioner, Madanapalle Municipality, Madanapalle, Chittoor District. 2. The Supervisor (Engineer), Madanapalle Municipality, Madanapalle, Chittoor District. 3. The Circle Inspector of Police, Madanapalle Town,Chittoor District. 4. The Sub-Inspector of Police, One Town Police Station, Madanapalle, Chittoor District. 5. The Sub-Inspector of Police, Two Town Police Station, Madanapalle, Chittoor District. 6 The District Collector, Chittoor District, Chittoor. .....Respondents Counsel for the appellant : Sri S.S. Bhat Counsel for respondent Nos.1 and 2: Sri S.I.Newton Counsel for respondent No.3 to 6 : Asst. Govt. Pleader for Home. The Court passed the following: JUDGMENT: (per Anil R. Dave, C.J.) Being aggrieved by the order passed in Writ Petition No.24084 of 2000, dated 31st January, 2008, this appeal has been filed by the original petitioner. The appellant is an association of persons who are doing business on a public street. As they have made encroachments, they were sought to be removed by respondent No.1 Municipality. After hearing the concerned Advocates, the learned Single Judge had dismissed the petition by observing that only by virtue of an interim order passed by this Court, without even making any payment of fee, the members of the petitioner association are in occupation of bunks on the road margin of a public street and, therefore, they should be evicted from the municipal land. It is not in dispute that the members of the petitioner association have made encroachments on a public street. Upon hearing the learned Advocates and looking to the fact that the members of the appellant association are doing their business on a public street of respondent No.1 Municipality, in our opinion, the members of the appellant association cannot be permitted to do their business on a public street. At an earlier point of time, the appellant had filed a similar petition wherein this Court had directed the respondent Municipality to provide alternative sites in some unobjectionable area to the members of the appellant association. In pursuance of the notice issued by this Court, the learned Advocate for the respondent Municipality has submitted that there is no unobjectionable area where the members of the appellant association can be permitted to do their business. In our opinion, it is for the Municipality to decide whether there is any area where a particular person can be permitted to do business or can be permitted to give licence to do business. Looking to the afore-stated facts, in our opinion, it cannot be said that the order passed by the learned Single Judge is bad in law. For the aforesaid reasons, we do not find any substance in the appeal. The appeal stands dismissed with no order as to costs. ANIL R. DAVE, C.J. 30th April, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The Commissioner, Madanapalle Municipality, Madanapalle, Chittoor District. 2. The Supervisor (Engineer), Madanapalle Municipality, Madanapalle, Chittoor District. 3. The Circle Inspector of Police, Madanapalle Town,Chittoor District. 4. The Sub-Inspector of Police, One Town Police Station, Madanapalle, Chittoor District. 5. The Sub-Inspector of Police, Two Town Police Station, Madanapalle, Chittoor District. 6. The District Collector, Chittoor District, Chittoor. 7. Two copies to the Govt. Pleader for Home, High Court Buildings, Hyderabad (OUT). 8. Two C.D. copies. ARS