IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 10545 of 2002 Between : 1 M.Narayanappa, S/o M.Thimmappa, R/o Parigi Road, Hindupur, Annatapur District. 2 K.Rafiq, S/o K.Ismail Sab, R/o Parigi Road, Hindupur, Annatapur District. 3 K.Adam, S/o K.Ismail Sab, R/o Parigi Road, Hindupur, Annatapur District. 4 T.Nazir Khan, S/o T.Mohammad Khan, R/o Parigi Road, Hindupur, Annatapur District. 5 Jaya Reddy, S/o Giriyappa, R/o Parigi Road, Hindupur, Annatapur District. 6 P.S.Shashivulla, S/o Vali Sab, R/o Parigi Road, Hindupur, Annatapur District. 7 K.Manaf, S/o K.Karimsab, R/o Parigi Road, Hindupur, Annatapur District. 8 Rasheed, S/o Anwar Sab, R/o Parigi Road, Hindupur, Annatapur District. 9 N.Saifulla, S/o N.Rasheed Sab, R/o Parigi Road, Hindupur,Annatapur District. 10 Haji Vagbal, S/o Hussain Sab, R/o Parigi Road, Hindupur, Annatapur District. 11 S.Farooq, S/o Abdul Vaheed, R/o Parigi Road, Hindupur, Annatapur District. 12 S.M.Rafiq, S/o Shookur Sab, R/o Parigi Road, Hindupur, Annatapur District. 13 S.Sabbeer, S/o Gaffoor Sab, R/o Parigi Road, Hindupur, Annatapur District. 14 Allabaksh, S/o Ibrahim Sab, R/o Parigi Road, Hindupur, Annatapur District. 15 S.K.Egbal, S/o Kamal Sab, R/o Parigi Road, Hindupur, Annatapur District. 16 N.Allaaksh,S/o Abdul MunafSab,R/o Parigi Road,Hindupur,Annatapur Dist. 17 S.K.Khajamouddin,S/o Jabbar Sab,R/o Parigi Road,Hindupur,Annatapur Dist. 18 C.Khadar Basha, S/o Ahmad Basha Sab, R/o Parigi Road, Hindupur, Annatapur District. 19 B.K.Latif, S/o Rasheed, R/o Parigi Road, Hindupur, Annatapur District. 20 K.Najir Sab, S/o Ismail Sab, R/o Parigi Road, Hindupur, Annatapur District. 21 G.M.Abdul Munaf Sab, S/o Mahaboob Sab, R/o Parigi Road, Hindupur, Annatapur District. 22 R.S.Samivulla, S/o Yusuf Sab,R/o Parigi Road,Hindupur,Annatapur District. 23 R.S. Habibvulla, S/o Yusuf Sab, R/o Parigi Road, Hindupur, Annatapur District. 24 D.G.Umar, S/o Abdul Azib,R/o Parigi Road, Hindupur, Annatapur District. 25 Samivulla,S/o Shamsoddin Sab,R/o Parigi Road,Hindupur,Annatapur District. 26 K.Hayat Sab, S/o Ismail Sab,R/o Parigi Road, Hindupur, Annatapur District. 27 S.Phayaz, S/o Bhashu Sab, R/o Parigi Road, Hindupur, Annatapur District. 28 H.Haroon, S/o Hamid Sab, R/o Parigi Road, Hindupur, Annatapur District. 29 M.B.Inayutulla, S/o Fakruddin Sab, R/o Parigi Road, Hindupur, Annatapur District. 30 V.Ajaharulla, S/o Abdul Sattar Sab, R/o Parigi Road, Hindupur, Annatapur District. 31 M.B.Fakruddin Sab, S/o Khuddus Sab, R/o Parigi Road, Hindupur, Annatapur District. 32 K.Ameer Sab, S/o Khaleel Sab, R/o Parigi Road, Hindupur, Annatapur District. 33 B.Sahafivulla, S/o Ali Sab, R/o Parigi Road, Hindupur, Annatapur District. ..... PETITIONERS AND 1 Commissioner, Hindupur Municipality, Hindupur, Annatapur District. 2 Chairman, Hindupur Municipality, Hindupur, Annatapur District. 3 Mandal Revenue Officer, Hindupur Mandal, Hindupur, Annatapur District. .....RESPONDENTS 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 declare the action of the first and second respondents herein in trying to evict the petitioners as illegal, improper and is in excess of power vested in them, by issuance of a Writ, Direction or Order, particularly one in the nature of Mandamus and consequently direct the respondents Nos 1 and 2 not to evict the petitioner from the plots of land, wherein the petitioners herein had constructed their small bunks and shops in Ward No.5, Block No.3-A of T.S.No.87 of Hindupur Municipality, Anantapur District. Counsel for the Petitioners : MR.R.V.NAGABUSHNAM RAO Counsel for the Respondents : MR.S.I.NEWTON The Court made the following : ORDER : In this writ petition, petitioners, 33 in number, seek directions by way of Mandamus, directing respondents 1 and 2 not to evict them from their bunks situated in Ward No.5, Block No.3-A, T.S.No.87 of Hindupur Municipality in Anantapur District. 2. It is the case of the petitioners that they are all petty businessmen, doing businesses like vending vegetables and fruits, doing electrical works, cycle repairing business, etc. It is stated that they were issued pattas in respect of the land in question by respondent No.3 in the year 1992, upon which, they have erected small bunks and doing their businesses. It is their grievance that though they have constructed bunks in the patta land, respondents 1 and 2 are trying to demolish their bunks without issuing any notice to them and also without conducting any inquiry. 3. Counter affidavits are filed on behalf of respondents. In the counter affidavit filed on behalf of respondents 1 and 2, it is stated that petitioners have encroached into the land belonging to the Municipality, and constructed bunks and temporary structures and are doing petty businesses. It is further stated that the petitioners seemed to have fabricated the patta certificates, showing the land in their names. Similarly, in the counter affidavit filed by respondent No.3 also, it is stated that the pattas claimed by the petitioners vide proceedings in H.S.R. Dis.No.211/1402, dated 16.09.1992, are bogus. But, in their counter affidavits, the respondents have not stated about issuance of any notice to the petitioners before proposing to demolish their bunks. 4. Section 192 of the A.P. Municipalities Act, 1965 deals with removal of encroachments. It is the case of the petitioners that they were issued pattas by the 3rd respondent, and therefore, they have constructed bunks on the land allotted to them. Though it is stated in the counter affidavits that no such pattas have been issued by the respondents, but, asmuch as the said issue is not examined by issuing any prior notice to the petitioners, I deem it appropriate to dispose of this writ petition, directing the respondents to issue notices to the petitioners, inviting their objections, if any, in case, the petitioners are to be evicted on the allegation of encroachment. After issuing such notices to the petitioners and receiving their objections, respondents may grant time to the petitioners to evict the bunks, and only thereafter, take steps for removal of encroachments. However, it is made clear that on issuing notices and upon receiving the explanations, if any, to be filed by the petitioners, if it is found that they have encroached into the land belonging to the Municipality, it is open for the respondents to take steps in accordance with the A.P. Municipalities Act, 1965. 5. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 23rd June 2009 ajr