IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE X. PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7111 OF 2025 Between: Sarwath Sulthana, W/o. Fazulul Rahaman Khan, Aged about 61 years, Occ: House Wife, R/o. D.No. 4-20-45, 4^^ Lane Siddhartha Nagar, Beside J.K.C. Law College, Chandramouli Nagar, 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, 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.6-19-45, Arundalpet, Guntur City, Guntur District (Shop No. 38 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.6-19-45, Arundalpet, Guntur City, Guntur District (Shop No. 38 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 petition, the High Court may 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.6-19- 45, Arundalpet, Guntur City, Guntur District (Shop No. 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. Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondents: GP MUNCIPAL ADMN AND URBAN The Court made the following order: 38 given by DEV APHC010136032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7111/2025 Between: ...PETITIONER Sarwath Sulthana AND ...RESPONDENT{S) The State of AP and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7111 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 Petitioner’s building situated at DNo 6-19-45, Arundalpet, Guntur City, Guntur District ( Shop No 38 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 consequently direct the Respondents much iess the Respondent No 2 not to meddle with the Petitioners building referred above without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013. ” 1 X X I 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. r 4. Considering the submissions of learned counsel, this Writ Petition is 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. As a sequel, miscellaneous applications pending, if any, shall also stand closed. The Registry is directed to annex a copy of the order in W.P.No.5163 of 2025, dated 04.03.2025, along with this order. Sd/- N NAGAMMA ASSISTANT,REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban RniH of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Guntur Municipal Corporation, Guntur Municioal Corporation Office, Guntur, Guntur District 'viunicipai 3. One CC to Sri A K Kishore Reddy, Advocate [OPUC] Municipal Administration & Urban High Court of Andhra Pradesh. [OUT] 5. Two CD Copies ^^long with a copy of the order dated 04.03.2025 in WP.No.5163 of 2025) Development, T HIGH COURT DATED:21/03/2025 f 03 APR 2025 | ^ . Current Section ORDER WP.No.7111 of 2025 DISPOSING OF THE WP WITHOUT COSTS 7 1 APHC010097112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5163/2025 Between: Koppuravuri Mallikarjuna Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP The Court made the following order: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5163/2025 ORDER: 1. The Writ Petition is filed to declare the action of the trying to interfere with the petitioner’s building situated respondent No.2 in at D.N0.6-19-15& 6- 19-16, Arundalpet, Guntur, Guntur District, without following any procedure. illegal, arbitrary and violative of the Consequently sought directions to the as principles of natural justice, respondent No.2 to follow due procedure. 2. The learned counsel for the petitioner submits that the petitioner is the owner and possessor of house bearing No. D.N0.6-19-15& 6-19-16, Arundaipet, Guntur, Guntur District. The grievance of the petitioner is that the respondent No.2-authorities through his staff had given marking to the subject property and stated that property would be taken into possession for the purpose of road widening without issuing notification under the Act of 2013 or under Section 136, 147 of the Municipal Corporation the respondents are high handedly interfering. of 30 Act, 1955, 3. While hearing, both the counsels at the bar submit that covered by the order in W.P.No.1400 of 2025 dated 22.01.2025 wherein operative portion of the order is as under: the issue is , the “5. In view of the same, instead of keeping the writ petition pending, the writ petition is disposed of directing the respondent No.2 not to interfere with the possession of the petitioner without following the procedure as contemplated under the Right to Fair Compensation and Transparency in 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