IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 10194 of 2004 Between: Shaik Khaleem, S/o Shaik Mahaboob, R/o Jagityal, Karimnagar District. ..... PETITIONER AND 1 The Depot Manager, APSRTC, Jagityal Depot, Karimnagar District. 2 The Regional Manager, APSRTC, Karimnagar Region, Karimnagar . .....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 to issue a Writ of Mandamus, or any other appropriate writ,order or direction, declaring the action of the respondents in seeking to demolish the petitioner's tea stall and dispossess him from the place adjacent to the APSRTC Bus Stand compound wall, Jagityal Town as being arbitrary, illegal, unconstitutional and violative of principles of natural justice and issue a consequential direction, directing the respondents not to dispossess the petitioner without following the due process of law Counsel for the Petitioner:MR.D.BHASKAR REDDY Counsel for the Respondents: Smt. P.Rajani Reddy The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10194 of 2004 ORDER: The petitioner statedly erected a small tea stall abutting he compound wall of APSRTC Bus Stand, Jagityal Depot, Karimnagar District. He is eking out livelihood for the last ﬁfteen years by running the tea stall. He also obtained electricity connection for the same. He alleges that on 19.06.2004 the respondents directed him to remove the tea stall and also threatened to use force for removing the tea stall. Therefore, he ﬁled instant writ petition seeking inter alia a writ of Mandamus directing the respondents not to dispossess him. A counter-aﬃdavit is ﬁled by the Law Oﬃcer of APSRTC. The allegation that the petitioner has set up a tea stall across the compound wall of APSRTC property is not denied. It is stated that with a view to construct shops/stalls in their own premises APSRTC wanted to remove the compound wall when the petitioner raised objection. The contention of the petitioner that APSRTC cannot demolish the compound wall which would be detrimental to the petitioner’s stall cannot be accepted. The petitioner admittedly occupied the Government land and if APSRTC demolishes their own property and raises construction, nobody can have objection. Of course petitioner is still in occupation of the property, which he allegedly occupied for the last ﬁfteen years. His stall can be removed and possession can be taken after following due process of law. If so advised, the respondents may approach the revenue authorities in this regard. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 31st October, 2008 GHN To 1 The Depot Manager, APSRTC, Jagityal Depot, Karimnagar District. 2 The Regional Manager, APSRTC, Karimnagar Region, Karimnagar . 3 2CD copies Form-NIC-OGS/WP{AVLR}