THE HON'BLE MR JUSTICE S.ANANDA REDDY Writ Petition No.18044 of 2005 17-08-2005 Between: The Husnabad Bus Stand Area Tela Shop Owners Welfare Association ... PETITONER AND 1.The Gram Panchayat, Husnabad, rep. By its Secretary, Husnabad, Karimnagar District and others. .....RESPONDENTS THE HON'BLE MR JUSTICE S.ANANDA REDDY Writ Petition No.18044 of 2005 ORDER: This writ petition is filed by Welfare Association of Husnabad Bus Stand Area Tela Shop Owners seeking a direction to the respondents not to evict or demolish the Tela Shops situated in front of APSRTC Bus Stand, Husnabad, Karimnagar District with a further direction to the second respondent to accommodate the members of the petitioner-Association instead of calling for tenders. According to the petitioner-Association, its members were permitted to occupy the road margins for setting up Tela Shops and accordingly they are carrying on their businesses. However, the second respondent-Corporation has issued notification calling for tenders for the purpose of construction of shops under Deposit Operate and Transfer Scheme in the land provided by the Corporation. The grievance of the petitioner is that in the process, its members may get displaced from the place where they are carrying on their businesses and if so, they would suffer irreparable loss. Therefore, they made a representation to the respondents, including the fourth respondent, District Collector, Karimnagar District seeking alternative land to carry on their businesses. The learned counsel for the petitioner relied upon G.O.Ms.No.560, dated 22.12.1997, as per which, it was agreed to rehabilitate the persons who lost their shops or bunks established encroaching the road margins and who are being evicted or removed. Therefore, it is contended that the same benefit ought to have extended to the members of the petitioner-Association also. But, the fourth respondent did not do so. Hence, he sought for appropriate orders. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the second respondent-Corporation and the learned Government Pleader for Roads and Buildings appearing for the respondents 1, 3 and 4. Admittedly, the members of the petitioner-Association are encroachers. In fact, the second respondent is claiming that the members of the petitioner-Association have encroached the land where it is proposed to construct shops, with reference to which, even a tender notification has been issued under Deposit Operate and Transfer Scheme. However, the grievance of the petitioner- Association is that in the process its members are being evicted and their shops are being removed affecting their livelihood and as such they are entitled for rehabilitation by the respondent-authorities. Therefore, they made a representation to the respondents, including the fourth respondent. As no orders are passed by the fourth respondent on the representation of the petitioner-Association, it has come up with the present writ petition. Even though the petitioners have no enforceable claim, as it is stated that a representation has been made to the respondents including the fourth respondent, the fourth respondent is directed to pass appropriate orders on the representation of the petitioner, if any pending as on date. However, it is made clear that the members of the petitioner-Association cannot object or obstruct the process of tender notification with reference to the land belonging to the second respondent-Corporation. The writ petition is accordingly disposed of. No costs. _______________ 17.08.2005 VGB