APHC010175382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY ,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9636/2025 Between: 1. PEETHALA CHANDRA, W/O. PEETHALA APPALA RAJU, AGED ABOUT 48 YEARS, R/O.D.NO.27-130, APPANNAPALEM, VEPAGUNTA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY, (VMRDA), UDYOG BHAVAN, SIRIPURAM JUNCTION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, REP. BY ITS METROPOLITAN COMMISSIONER 3. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, REP. BY ITS COMMISSIONER. 4. SRI VARAHA LAKSHMI NARASIMHA SWAMY VARI DEVASTHANAM, SIMHACHALAM, VISAKHAPATNAM DISTRICT, REP. BY ITS EXECUTIVE OFFICER. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. V SURYA KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. SOMISETTY GANESH BABU SC For VUDA and MUDA The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.9636 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in interfering with the Petitioner’s peaceful possession and enjoyment of the agricultural land of an extent of Ac.4.38 cents in Sy.No.28 of Vepagunta Village, Pendurthi Mandal, Visakhapatnam District, without invoking the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner claims to be the owner of the property referred above, as the same was assigned to his mother on 05.05.1981 vide R.C.No.2947/81. It is further stated that after the death of the mother of the Petitioner i.e. late Nakka Appala Narasamma, the Petitioner succeeded to the property and had raised Mango plantation in the above extent. 3. The learned Standing Counsel for the Respondent No.3-Corporation filed a Counter Affidavit stating that there is a proposal of road widening from Vepagunta to Juttada and the same is at the initial stage of jungle clearance. It is also stated that a Public Notice in Sakshi Telugu Daily Newspaper and Hindu English Daily Newspaper was published on 08.01.2025 and that the 4 further action would be taken by the Respondent authorities in accordance with the Rules prescribed under the Andhra Pradesh Municipalities Act, 1955 or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in case the land of the Petitioner is required. 4. Taking into consideration the respective submissions, the Writ Petition is disposed of, with the following directions: (i) The Respondent authorities shall follow due process of law as per the Andhra Pradesh Municipalities Act, 1955 or under the Right to Fair Compensation Act and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the event the land of the Petitioner as described supra is required for the purpose of widening of road. (ii) No orders as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 23.06.2025 IS 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.9636 of 2025 Date: 23.06.2025 IS