HON’BLE SRI JUSTICE C.Y. SOMAYAJULU W.P.No.18971 of 2002 Dated 5th day of February, 2008 Between: Royyala Vaikuntam .. Petitioner And The District Collector, Krishna District, Machilipatnam and two others .. Respondents O R D E R: This writ petition is filed questioning the Notice dated 4.9.2002 issued by the 3rd respondent proposing to conduct auction to the petitioner’s Shop No.10 situated at Sri Sardarpet Bapayaiah Vegetable Market, Tiruvuru, by evicting him from the possession of his shop. Heard the learned counsel for both the parties. By an interim order dated 8.10.2002 passed in W.V.M.P.No.2944 of 2002, the petitioner was permitted to continue as lessee subject to payment of Rs.1000/- per month with effect from October, 2002. Since the lessee cannot be evicted without taking recourse to due process of law, this petition is disposed of with a direction to the respondents not to evict the petitioner from the shop in his possession without taking recourse to due process of law. No order as to costs. ____________________ (C.Y. SOMAYAJULU, J.) 5th February, 2008 bcj