running a Tea stall for the last ten years by raising a tin shed (bunk) adjacent to the Bus Stop at Sangam Road and eking out his livelihood. He is a land less poor person. While so the 2nd respondent issued the impugned notice dated 31.07.2021 to the petitioner stating that the Gram Panchayat land was occupied and the shop was constructed, hence vacate the same otherwise action will be initiated under Section 98 of A.P. Panchayat Raj Act, 1984.=petitioner also gave a representation to the 2nd respondent on 03.08.2021 informing that the tea shop is situated leaving the road margin and margin from the Bus stop also, he is paying taxes to the 2nd respondent and it is not obstructing any passage or required for any road widening purpose. Similar representation is given to the 3rd and 4th respondents on 04.08.2021. But in vain.-respondent is directed to consider and dispose of the representation of the petitioner dated 03.08.2021 within four (4) weeks from the date of receipt of a copy of this Order. Till such disposal of the said representation of the petitioner by the 2 nd respondent there shall not be any dispossession of the petitioner from running the said Tea stall. Any dispossession of the petitioner and removal of the said tea stall shall be in accordance with law.

AP HIGH COURT ; AMARAVATHI;

THE HON’BLE SRI JUSTICE B. KRISHNA MOHAN

WRIT PETITION NO.16503 of 2021

ORDER:

The learned Assistant Government Pleader takes notice for

Respondents No.1 and 3.

2. Heard the learned counsel for the petitioner and the learned

Assistant Government Pleader for R1 and R3.

3. It is the case of the petitioner that the petitioner is running a

Tea stall for the last ten years by raising a tin shed (bunk) adjacent to

the Bus Stop at Sangam Road and eking out his livelihood. He is a

land less poor person. While so the 2nd respondent issued the

impugned notice dated 31.07.2021 to the petitioner stating that the

Gram Panchayat land was occupied and the shop was constructed,

hence vacate the same otherwise action will be initiated under

Section 98 of A.P. Panchayat Raj Act, 1984. Aggrieved by the same

this Writ Petition is filed.

4. The learned counsel for the petitioner submits that the

petitioner also gave a representation to the 2nd respondent on

03.08.2021 informing that the tea shop is situated leaving the road

margin and margin from the Bus stop also, he is paying taxes to the

2nd respondent and it is not obstructing any passage or required for

any road widening purpose. Similar representation is given to the

3rd and 4th respondents on 04.08.2021. But in vain. There is a threat 

2

of dispossession and no opportunity is given to the petitioner by the

2nd respondent.

5. In view of the above said facts and circumstances, the

2nd respondent is directed to consider and dispose of the

representation of the petitioner dated 03.08.2021 within four (4)

weeks from the date of receipt of a copy of this Order. Till such

disposal of the said representation of the petitioner by the

2nd respondent there shall not be any dispossession of the petitioner

from running the said Tea stall. Any dispossession of the petitioner

and removal of the said tea stall shall be in accordance with law.

6. Accordingly, the Writ Petition is disposed of. There shall be no

order as to costs of the Writ Petition.

As a sequel thereto, miscellaneous petitions, if any, pending in

the Writ Petition shall stand closed.

______________________

JUSTICE B. KRISHNA MOHAN

06-08-2021

Note : Furnish C.C. by today

 (By order)

 Yvk