IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTHDAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6942 OF 2025 . Between: Jakka Srinivasa Rao, S/o. Jakka Brahmaiah, Aged about 58 years. Occ Business, R/o.D.No.22-7-163, Near Fruit Market, Lalapeta, Guntur, Guntur ^ District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 2. The Guntur Municipal Corporation, Represented by its Commissioner, Guntur Municipal Corporation Office, Guntur District ...RESPONDENTS 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 to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 in touching upon the/ Petitioners building situated at D.No.5-98-50, Brodipet, Guntur, Guntur District, (Shop No. 114 given by Municipality), and giving markings without having any right or authority high handedly and subjecting the Petitioner to distress as nothing but illegal, erroneous, highhanded and violative of Article 14, 19(i)(g), 21 and 300 A of the Constitution of India consequently direct the Respondents much less the Respondent No.2 not to meddle with the Petitioners building situated at D.No.5-98-50, Brodipet, Guntur, Guntur District, (Shop No. 114 given by Municipality), without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the Respondent No.2 not to meddle with the Petitioners peaceful possession and enjoyment of the building situated at D.No.5-98-50, Brodipet, Guntur, Guntur District, (Shop No. 114 given by Municipality), without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition. may Counsel for the PetitionerSRI A K KISHORE REDDY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATION) The Court made the following: ORDER APHC010128792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6942/2025 Between: ...PETITIONER Jakka Srinivasa Rao AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6942 OF 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “ to declare the action of the Respondents herein particularly Respondent No 2 in touching upon the Petitioners building situated at DNo. 5-98-50, Brodipet, Guntur, Guntur District (Shop No. 114 given by Municipality) and giving markings without having any right or authority high handedly and subjecting the Petitioner to distress as nothing but illegal, erroneous, highhanded and violative of Article 14 19(i) (g), 21 and 300-A of the Constitution of India and consequently direct the Respondents much less the Respondent No 2 not to meddle with the Petitioners building situated at D No. 5-98-50, Brodipet, Guntur, Guntur District (Shop No 114 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013....” ii / \ 2. Heard Mr. A.K.Kishore Reddy, learned counsel for the Petitioner and learned Government Pleader for Municipal Administration and Urban Development Authority appearing for the respondents. 3. During hearing, learned counsel for the Petitioner would contend that this matter is squarely covered by this Court Order dated 04.03.2025 in W.P.No.5163 of 2025 and requested to pass similar order in this writ petition also. Learned Government Pleader for the respondents conceded the same. 4. Considering the submissions of learned counsel, disposed of in terms of the Order passed in W.P.No.5163 of 2025, dated 04.03.2025. There shall be no order as to costs. this Writ Petition is As a sequel, miscellaneous applications pending stand closed. if any, shall also The Registry is directed to of 2025, dated 04.03.2025 along with this order. annex a copy of the order in W.P.No.5163 Sd/- J SAROJA ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, 1- The Principal Secretary, State of Andhra Pfsdesh, Municipal Administration and Urban Development Department Velagapudi. Amaravathi, Guntur District 2. The Commissioner, Guntur Municipal Corporation Office, Guntur District 3. One CC to SRI A K KISHORE REDDY 4. Two CCs to GP FOR MUNCIPAL Andhra Pradesh [OUT] 5. One CC to SRI A.S.C.BOSE CORPORATION] [OPUC] 6. Three C.D. Copies , Secretariat Buildings, Corporation, Guntur Municipal Advocate [OPUC] ADMN URBAN DEV, High Court of Advocate [SC FOR MUNICIPAL (along with the copy of the order dated 04-03-2025 iin WP.No.5163 of 2025) nm HIGH COURT DATED; 19/03/2025 01 APR 2025 . Curreni deciion . ORDER WP.No.6942 of 2025 o DISPOSING OF THE WP WITHOUT COSTS n / 1 COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) APHC010097112025 IN THE HIGH [3460] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE NYAPATHY VIJAY THE HONOURABLE SRI \aipit petition NOi5163(2025 Between: Koppuravuri Mallikarjuna Rao ...petitioner AND ...RESPONDENT(S) Of Andhra Pradesh and Others The State Counsel for the Petitioner: 1.AKK1SHORE REDDY counsel for the Respondent(S); MUNCIPAL ADMN and URBAN DEV AP Court made the following order; 1.GP The the HON’BLE SRI JUSTICE NYAPATHY VIJAY j^RIT PETITION NO: ORD^: 1. The Writ Petition is fiied to declare the action trying to interfere with the 19-16, Arundalpet, Guntur, as illegal, arbitrary and Consequently sought directions procedure. of the respondent No.2 iin petitioner’s building situated at D.N0.6-19-15& 6- Guntur District, without following violative of the any procedure, principles of natural justice. "r '5 to the respondent No.2 to follow due 2. The learned counsel for the owner and possessor of house Arundalpet, Guntur, Guntur the respondent No.2- subject property and stated that the purpose of road widening without i of 2013 or under Section the respondents 3. While hearing, both the petitioner submits that the petitioner is the bearing No. D.N0.6-19-15& 6-19-16 District. The grievance of the petitioner is that -authorities through his staff had aigiven marking to the property would be taken into possession for issuing notification under the Act of 30 136, 147 of the Municipal Corporation are high handedly interfering. Act, 1955 counsels at the bar submit that the i covered by the order in W.P.No.1400 of 2025 dated 22. issue is 01.2025 wherein, the operative portion of the order iIS as under; Pen4.1r wnf '-^‘Petition respondent No.2 not to interfere wlthm^ directing the petitioner without following the under the Right to Fair Co.pen’leh^nZVZZiTh 3 Land Acquisition and Rehabilitation and Resettlement Act, 2013. With the above direction, the Writ Petition is disposed of. No costs. 4. Since the issue is similar and covered by the order of this Court, this Writ Petition is disposed of in terms of W.P.No.1400 of 2025, directing the respondents not to interfere with the possession of the petitioner property, without following due procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. NYAPATHY VIJAY, J Date: 04.03.2025 PKR f f ■' I