1 APHC010559842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29120/2024 Between: Gandamani Siva Rama Krishna and others ...PETITIONER(S) AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. G.V.K.L NARAYANA Counsel for the Respondent(S): 1. GP FOR HOME 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... to issue an order Writ of Mandamus declaring the action of the respondents particularly Respondent Nos.2 to 4 in resorting to evict and demolish the shop of the petitioners on the bunds of the Yenamadurru Drain, Bhimavaram, high handedly without serving any notice to the petitioners, without following due process of law as arbitrary, illegal, ultravirus, contrary to the procedure established by law and against to the principles of natural justice, apart from being violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to disposses/demolish/dislodge the shops of the petitioners located on the bund of Yenamadurm Drain, Bhimavaram, in the interest of justice…...” 2. The case of the petitioners is that they are small vendors running their business on the road side of Bhimavaram Town, on the bund of Yenamadurru drain. They have been paying taxes as demanded by the Municipal authorities regularly and also electricity bills. It is also the case of the petitioners that the Government of Andhra Pradesh issued Form-C, Certificate of Registration of Establishment on the name of Ayyappa Family Article Shop which was valid up to 31.03.2026. However, the grievance of the petitioners is that, all of a sudden on 07.12.2024, the respondent authorities along with police officials have approached the petitioners’ shop and threatened to evict them from the said shop. Challenging the action of the respondents, the present writ petition is filed. 3 3. Respondent No.4 herein furnished a copy of instructions dated 10.12.2024, wherein it is stated that at present Bhimavaram Town is the District Head Quarters of West Godavari District and the District officials are going to develop certain places in the town. The Lanchila Revu, near Prakasam Chowk, is located at the center of the town, and it is one of the places to be developed for recreation purposes. Since the said land is full of encroachments, the Municipal authorities have informed the encroachers on 22.11.2024 and on 05.12.2024 to vacate their temporary encroachments. However, as the encroachers have failed to respond to their request, the 4th respondent has also addressed a letter to the SHO, I Town Police Station, Bhimavaram, requesting police Bundobusth to maintain law and order at the time of evicting the encroachers on 07.12.2024. But, however, because of the pendency of the writ petition, the respondents could not evict the encroachers from the said encroached area. 4. Heard learned counsel for the petitioners and the learned counsel appearing for the respondents. 5. On perusal of the documents filed by the petitioners, it can be seen that the Government of Andhra Pradesh issued Form-C, Certificate of Registration of Establishment on the name of Ayyappa Family Article Shop in favour of the petitioner, which is valid from 01.01.2019 to 31.03.2026 under the A.P.Shops and Establishments Act, 1988 and in pursuance of which the petitioners have been running their business on the road side in Bhimavaram. Though the case of respondent No.4 contended that the petitioners have encroached 4 Lancheelarevu, the petitioners are entitled for a notice as they have been doing their petty business lawfully in pursuance of the permission issued under the Shops and Establishments Act, which is admittedly valid up to 31.03.2026. 6. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing respondent No.4 not to evict or demolish the petitioners’ shop on the bunds of the Yenamadurru Drain, Bhimavaram, without following due process of law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 08.01.2025 KGR