APHC010302362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15707/2026 Between: 1. SHAIK ALLABAKSHU, S/O DADA, AGED 36 YEARS, R/O DR.NO.65- 18-1735, SUDDAPALLI DONKA, OLD GUNTUR, GUNTUR CITY, GUNTUR DISTRICT., 522002 2. MOHAMMAD ROSHAN,, S/O JAHEER, AGED 26 YEARS, R/O DR.NO.19-18-137, 6TH LINE, HUSSAIN NAGAR, GUNTUR, GUNTUR DISTRICT. 522002 ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNICIPALITY DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, ANDHRA PRADESH.522238 2. THE MUNICIPAL COMMISSIONER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT.522003 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus directing Respondent No.2 in not to interfere with the peaceful possession of the petitioner Nos.1 and 2 properties situated in in 7th lane, Hussain Nagar, Ponnuru Road, Guntur, Guntur District, Andhra Pradesh and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to pass an Interim order direct the Respondent No.2 in not to interfere with the peaceful possession of the petitioner Nos.1 and 2 properties situated in in 7th lane, Hussain Nagar, Ponnuru Road, Guntur, Guntur District, Andhra Pradesh and pass Counsel for the Petitioner(S): 1. G SRI HARSHA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.15707 OF 2026 ORDER: 1. Learned counsel for the petitioners submits that the petitioners are eaking out their livelihood by running a Tea House (Tea Stall) by erecting a temporary shed abutting the roadside. It is submitted that the petitioners' business is not causing any inconvenience to the general public. However, the 2nd respondent is seeking to evict the petitioners and has issued a notice dated 06.06.2026 calling upon them to remove the tea stall and the temporary structure erected by them. 2. The learned Standing Counsel appearing for respondent No.2, on the written instructions, submits that the 2nd respondent received a complaint regarding the petitioners' unauthorized roadside tea stall, alleging that it is causing obstruction and inconvenience in the locality. 3. On enquiry from this Court, the learned counsel for the petitioners fairly conceded that the petitioners do not possess any title document or lawful authorization in respect of the land on which the tea stall has been established. 4. Having considered the submissions made by the learned counsel on either side, this Court is of the view that the petitioners cannot claim any legal right to continue in occupation of public land in the absence of any title or authorization. However, considering the submission that the petitioners are dependent upon the tea stall for their livelihood and have 3 sought reasonable time to vacate the premises, this Court is inclined to grant such time. 5. Accordingly, the writ petition is disposed of granting the petitioners four (04) weeks' time from the date of receipt of a copy of this order to voluntarily vacate and hand over vacant possession of the subject premises. Till the expiry of the said period, the respondent authorities shall not take any coercive steps against the petitioners' tea stall. It is also made clear that, the respondents are at liberty to take appropriate steps against the petitioners, in the event they do not vacate they do not vacate the premises within the time granted above. 6. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 17.06.2026 KGM 4 103 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.15707 OF 2026 Dated 17.06.2026 KGM