IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.25576 of 2008 Between: The Hindupur Whole Sale Flower Mandi Merchants Association Rep. by its President, Shaik Ibrahim, S/o A. Abdul Khader Sab, Door No.1-2-89, Abadpet Hindupur, Anantapur District. Near Parigi Bus Stand Vegetable Market, Hindupur, Anantapur District. ... PETITIONER AND 1 The Director, Municipal Administration, Hyderabad. 2. The Regional Director for Municipalities, Anantapur, Anantapur District. 3. The Commissioner, Municipal Office, Hindupur, Anantapur District. 4. The Joint Collector, Anantapur, Anantapur 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 may be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in evicting the Members of the Petitioner Association and demolishing the respective tin sheds of Whole Sale Flower Merchants situated at Near Sanitary Inspector office in the premises of Old Municipal office, Hindupur, Anantapur District is illegal, arbitrary and unjust and violative of principles of natural Justice and consequently direct the respondents not to evict and demolish the respective structures of the Members of the petitioner Association in the respective tin sheds of Whole Sale Flower Merchants situated at Near Sanitary Inspector office in the premises of Old Municipal Office, Hindupur, Anantapur District. Counsel for the Petitioner : KOTHAPALLI RAM MOHAN CHOWDARY Counsel for Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following: ORDER: Petitioner is a Society registered under the Andhra Pradesh Societies Registration Act, 2001 bearing Registration No.721 of 2004. The members of the petitioner association belong to poor families and are eking out their livelihood by doing petty business i.e. selling of flowers in Hindupur town. In that context, the third respondent Municipality entered into a lease agreement with the petitioner Society on 04-11-2004 and accordingly the members of the petitioner Society are carrying on business in flowers in vacant site provided by the Municipality. According to the members of the petitioner Society, they have incurred huge amounts for the purpose of construction of sheds and regularly paying the rents and to their utter surprise, the third respondent Municipality asked them to vacate the premises and hence they approached this Court and filed the present writ petition. 2 Heard learned counsel for the petitioner and learned standing counsel for the respondent Municipality. 3. From a perusal of the lease agreement dated 04-11-2004 it is clear that the lease shall come to an end when the site is required by the Municipality and the Municipality is at liberty to demolish the said temporary sheds erected by the members of the petitioner Society and no compensation be paid for demolition of the said temporary sheds. When such a clause is incorporated in the lease agreement and the members of the petitioner Society agreed for such a clause turn round and stating that the third respondent Municipality without issuing any notice is threatening the members of the petitioner Society with dire consequences if they do not vacate the premises, is untenable. However, as the members of the petitioner Society have already given a representation to the third respondent, it is suffice to direct the third respondent to consider the said representation and pass appropriate orders in accordance with law. 4. Accordingly, the writ petition is disposed of and the third respondent is directed to consider the representation submitted by the petitioner Society and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order and it is needless to observe that the members of the petitioner Society can ventilate their grievance before the third respondent Municipality. Till such time, the members of the petitioner Society shall not be evicted from out of their respective sheds. _______________________________ JUSTICE GOPALAKRISHNA TAMADA November 21, 2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1 The Director, Municipal Administration, Hyderabad. 2. The Regional Director for Municipalities, Anantapur, Anantapur District. 3. The Commissioner, Municipal Office, Hindupur, Anantapur District. 4. The Joint Collector, Anantapur, Anantapur District. 5. Two CCs to 6. Two CD copies Form-NIC-OGS/WP{KBJ}