IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMB ER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26737 of 2008 Between: 1 Kolilpara Saidulu S/o. Veera Swamy Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 2 Kunduru Pulla Reddy S/o. Venkata REddy Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 3 Kattera Ankireddy S/o. Tirupati Reddy Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 4 Oggu Subrahmanyam S/o. Laxminarayana Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 5 Raghavarapu Panduranga S/o. Sangaiah Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 6 Atmakuri Venkataratnam S/o. Ramaguru Brahman Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 7 Yanjamuri Bapanaiah S/o. Koteswara Rao Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 8 S.K. Shabbir Basha S/o. Abu Bakar Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 9 Yerramreddy Tirupathi Reddy S/o. Nagi Reddy Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 10 Devireddy Tirupati Reddy S/o. Konda Reddy Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 11 Ponnapati Venkata Reddy S/o. Krishna Reddy Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 12 Gujjarlapudi Joseph Samuel S/o. G. Kripanandam Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 13 Yadla Sri Ramulu S/o. Subbaiah Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 14 Allamsetti Mohan Rao S/o. Subba Rao Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 15 Battula Prasad S/o. Venkateswarlu Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 16 Battula Anasuryamma W/o. Venkateswarlu Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 17 S.K. Chinna Saida S/o. Khasim Saheb Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. 18 S.K. Chinna Saida S/o. Khasim Saheb Opp. to R.T.C. Bus Stand, Narsaraopet, Guntur District. ..... PETITIONER(S) AND 1 The Narsaraopet Municipality, rep. by its Municipal Commissioner, Narsaraopet, Guntur District. 2 The Municipal Chairperson, Narsaraopet Municipality, Guntur District. 3 The Executive Engineer, Roads & Buildings Department, Narsaraopet, Guntur District. 4 The Station House Officer, Narsaraopet Town Police Station, Narsaraopet, Guntur District. .....RESPONDENT(S) 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in taking steps for the removal of the shops and structures of the petitioners situated opposite to the APSRTC Bus Station, Narsaraopet, Guntur District, without following the due process of law, as illegal, irregular, arbitrary, unconstitutional, unjustified and unsustainable by holding that the petitioners shall not be evicted without following the due process of law, and to grant such other relief or reliefs Counsel for the Petitioner:MR.P.VEERA REDDY Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26737 of 2008 ORDER: 1 Petitioners occupied the government waste poramboke land by raising temporary structures and are carrying on petty business in the said structures for the last 25 to 30 years. In view of the existence of structures and carrying on business by the petitioners, for a long time, the municipality demanded encroached tax and the petitioners have also paid the municipal tax. 2 While the matter stood thus, without any notice, the first respondent – Municipality directed the petitioners to remove the structures otherwise it will take necessary steps to remove the said structures. Assailing the said action, the petitioners approached this Court and filed the present Writ Petition. 3 Heard the counsel for the petitioner and the learned standing counsel for the first respondent – Municipality and the learned Government Pleader for Roads & Buildings. 4 The fact that the petitioners are allowed to carry on their business in the land in question is not in dispute. May be it is true that the petitioners have no right whatsoever over the said land. But once they were permitted to occupy the same, erect sheds/wooden bunks and to carry on business, when the said land is required for any public purpose, the immediate requirement is to put them on notice. As the petitioners are not put on notice, which fact is evident from the record, this Court is of the view that this Writ Petition can be disposed of at the stage of admission in the following manner: 5 The first respondent-Municipality may issue a notice to the petitioners within a period of four weeks from the date of receipt of a copy of this order and thereafter the petitioners shall offer their explanation within a period of four weeks and on receipt of which, the respondent – Municipality may pass appropriate orders in accordance with law. Till such time, the respondents shall not interfere with the petitioners’ peaceful possession of the thatched sheds/wooden bunks etc., that are in question. No order as to costs. --------------------------- SRI T.G.K, J. 05.12.2008 kvsn