KARNAM MANJUNATH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners, who are six in number, are petty business people engaged in small vocations like running a tailor shop, beedi shop, vegetable shop, cycle repair shop etc. Their predecessors occupied a portion of Gram Panchayat road in Jonnagiri Village and constructed small bunks/kiosks. They also allege that they obtained electricity connection from the concerned Electricity Distribution Company and they also say that they are paying ground rent to Gram Panchayat. The Gram Panchayat, third respondent herein, issued notice to petitioners to remove,their bunks and further informing them if they failed to do so on or before 12.4.2010, Gram Panchayat will remove those shops. The petitioners contend that their occupation of the Gram Panchayat land is no way causing obstruction to the users of the road, that if their bunks are removed, they would suffer hardship and that Gram Panchayat having permitted them to set up the bunks and having accepted the ground rent, cannot be permitted to remove the bunks.

(2.) Counsel for petitioners made submissions reiterating the contentions as above. Initially when he made submissions on 7.4.2010, he did not make any effort to demonstrate the right of the petitioners that can be enforced in exercise of Mandamus jurisdiction of this Court. When the Court pointed out the law of streets, expounded by Supreme Court in Sodan Singh v. New Delhi Municipal Committee (I), 1989 AIR(SC) 1988, he sought time and on 13.4.2010, he relies on the said Judgment and submits that there is no obstruction for users of the road, and unless and until alternative accommodation is shown, the petitioners cannot be evicted. Per contra, standing counsel for third respondent Panchayat submits that at present the bunks of the petitioners are situated on the road leading to Gram Panchayat/Village and causing obstruction to the users of the road.

(3.) Petitioners have filed permission letters given by Sarpanch of Gram Panchayat enabling petitioners or their predecessors to raise temporary constructions for livelihood. They also annexed the xerox copies of the tax receipts, evidencing payment of ground rent to the Gram Panchayat. The receipt of Electricity Distribution Company in respect of one petitioner is also filed. Petitioners, however, do not dispute that all of them have occupied Gram Panchayat road. They only contend that if they are removed from the place, they would deprive their livelihood and suffer hardship.