1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT '1®- rKS THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10249 OF 2024 ^ I" m o or Between: N.Surendar Kumar, S/o. Late Apparao, Aged about 53 years. Resident of Plot No.301, Visala Nivas, Murali Nagar, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Special Chief Secretary, Department of Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Greater Visakhapatnam Municipal Corporation (GVMC), Visakhapatnam, Rep. by its Commissioner. 3. The Visakhapatnam Metropolitan Region Development Authority, (VMRDA), Visakhapatnam, Rep. by its Commissioner. 4. The Tahsildar, Visakhapatnam Rural Mandal Visakhapatnam 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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in dumping material to lay Bitamin road in the land measuring an extent of Ac.0.47 cents out of Ac. 3.72 cents situate in Sy. No. 153/1 of Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam District belonging to the petitioner for the purpose of laying 80-0 Master Plan Road which is connecting the National Highway-16 (NH-16) and Kommadi Village without paying compensation as arbitrary, illegal, unconstitutional, contrary to the G.O.Ms.No.259 REVENUE (Assn.l) Department, dated 21.06.2016 against the provisions of acquisition under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement 2013 or under the Municipal Corporation Act and consequently direct respondents to pay the compensation to the petitioner by following process of law. lA NO: 1 OF 2024 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 respondents herein not to interfere with the land measuring an extent of Ac.0.47 cents out of Ac. 3.72 cents situate in Sy.No. 153/1 of Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam District. Counsel for the Petitioner: SRI P.NAGENDRA BABU REPRESENTING SRI T.NAGARJUNA REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION Counsel for the Respondent No.3: SRI V.SURYA KIRAN KUMAR, SC FOR VMRDA & MUDA Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER and Act, the due 1 0^ APHC010207682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10249/2024 Between; N.surendar Kumar ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TNAGARJUNA REDDY Counsel for the Respondent(S): 1.GP FORMUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3.V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 4.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following; 2 0- ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “...to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in dumping material to lay Bitamin road in the land measuring an extent of Ac.0.47 cents out of Ac. 3.72 cents situate in Sy. No. 153/1 of Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam District belonging to the petitioner for the purpose of laying 80’-0” Master Plan Road which is connecting the National Highway-16 (NH-16) and Kommadi Village without paying compensation as arbitrary, illegal, unconstitutional, contrary to the G.O.Ms.No.259 REVENUE (Assn.l) Department, dated 21.06.2016 and against the provisions of acquisition under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or under the Municipal Corporation Act and consequently direct the respondents to pay the compensation to the petitioner by following due process of law... ” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The case of the petitioner is that his mother is the absolute owner and possessor of land measuring an extent of Ac.3.72 cents situated in Sy.No.153/1 of Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam District vide Patta No.253. After her demise, the subject property devolved upon the petitioner. In the year 2016 the officers of the Municipal Corporation came to the subject property and tried to take possession of said land. Then, the petitioner’s mother filed suit vide O.S.No.391 of 2016 seeking permanent injunction and the same was decreed in favour of the petitioner’s mother directing the Municipal Corporation not to interfere with their property except under due process of law. After passing the decree, the officers of the Corporation negotiated and assured that they will pay compensation to the land required for acquisition. They measured the land and found that an extent of Ac.0.47 cents was required for laying the road. Even after laying the katcha road, the officers of the Corporation have not taken any steps to fulfill their assurance of paying compensation. The petitioner made several representations to the 2'"'^ and 3'"^ respondents seeking compensation. However, the respondent authorities have not taken any decision either to pay compensation or to issue TDRs and in spite of the same, they are making efforts to lay Bitamin road by dumping material in the subject land. Complaining the same, the present writ petition is filed. 4. When the matter came up for hearing, learned Standing Counsel oral instructions, has stated that the GVMC has removed the Gravel from the petitioner site on 08.05.2024 and if at all they intend to acquire land of the petitioner for public purpose, they will follow due process of law. on 4 Recording the said submission, the writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject land, without following due process of law. 5. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation (GVMC), Visakhapatnam. 3. The Commissioner, Visakhapatnam Metropolitan Region Development Authority, (VMRDA), Visakhapatnam. 4. The Tahsildar, Visakhapatnam Rural Mandal Visakhapatnam District. 5. One CC to Sri T.Nagarjuna Reddy, Advocate [OPUC] 6. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC] 8. One CC to Sri V.Surya Kiran Kumar, SC for VMRDA & MUDA. [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 10. gi HIGH COURT DATED:07/02/2025 ORDER WP.No.10249 of 2024 I 2 8 MAR 2025 ^ . Curreni beciion DISPOSING OF THE WRIT PETITION WITHOUT COSTS