KHAJI MANSOOR AHMED v. THE STATE OF ANDHRA PRADESH
WP/12916/2025 · 2025-05-07
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17548 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17548 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12916 OF 2025 Between:
1. Khaji Mansoor Ahmed, S/o Ahamed Basha, Aged around 35 years, R/o 11/780, Habeebullah Street, Kadapa, YSR Kadapa District
2. Khaji Idris Basha, S/o Ahamed Basha, Aged around 40 years, R/o 11/780, Habeebullah Street, Kadapa, YSR Kadapa District ...Petitioners AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development, Velagapudi, Amaravathi. 2. The Kadapa Municipal Corporation, Rep by its Commissioner, RS Road, Kadapa ...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, order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the Respondent No.2 herein in trying to dispossess the Petitioners herein from their subject property admeasuring an extent of 146.37 Sq.m located in Sy No. 30/2B/1A1 with Door No 11/780-1, in Ward 11 of Habeebullah Street, Kadapa allegedly purportedly for the purpose of widening the road without
issuing any prior notice as arbitrary, illegal, unjust, contrary to provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Andhra Pradesh Municipal Corporation Act, 1955 besides being violative of principles of natural justice and Petitioners fundamental rights guaranteed under Articles 14 and 21 and 300-A of the Constitution of India and consequentially direct the Respondents not to dispossess the Petitioners herein from their subject property admeasuring an extent of 146.37 Sq.m located in Sy No. 30/2B/1A1 with Door No 11/780-1, in Ward 11 of Habeebullah Street, Kadapa except in accordance with the law. 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 take any coercive action including dispossession of the Petitioners herein from their subject property admeasuring an extent of 146.37 Sq.m located in Sy No. 30/2B/1A1 with Door No 11/780-1, in Ward 11 of Habeebullah Street, Kadapa except in accordance with the law. Counsel for the Petitioner: SRI.
Counsel for the Petitioner: SRI. SHAIK MD UMAR ABDULLAH Counsel for the Respondent No. 1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI P VENGAL REDDY SC FOR MUNCIPALITIES The Court made the following order:
r 1 APHC010239712025 iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] m THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12916/2025 Between: ...PETITIONER(S) Khaji Mansoor Ahmed and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S);
1 .SHAIK MD UMAR ABDULLAH Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following;
2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12916 OF 2025
ORDER: The present Writ Petition is filed to declare the action of the Respondent No.2 in trying to dispossess the Petitioners in an extent of 146.37 Sq.M in Sy.No.30/2B/1 A1 with Door No.11/780-1, Ward No.11 of Habeebullaj Street, Kadapa, for the purpose of road widening without issuing any prior notice as illegal and arbitrary.
2. The Petitioners trace right to the property from registered Document No.2044/1947 and thereon.
3. Learned counsel for the Petitioners submits that the Petitioners had constructed A.K. Conventional Hall after obtaining building permission from the Respondent Authorities. While so, the property of the Petitioners is sought to be demolished as there is a proposal for widening the road from Almaspet to Masapet, Kadapa, and as there is threat of dispossession without issuing any prior notice, the present Writ Petition is filed by the Petitioners.
4. Learned Standing Counsel on instructions submits that though there is a proposal to widen the road, it will be taken up in accordance with the procedure known to law i.e., either by consent of the Petitioners or by acquiring the property under Sections 146 and 147 of the Municipalities Act, 1955 read with the Right to Fair Compensation and
-\T V 3 Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013.
5. In the light of the submissions made by the learned Standing Counsel, the grievance of the Petitioner is redressed.
6. Accordingly, the Writ Petition is closed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To
1. One CC to Sri. Shaik Md Umar Abdullah Advocate [OPUC]
2. One CC to Sri. P Vengal Reddy SC for Muncipalities [OPUC]
3. Two CCs to GP for Municipal Admin Urban Dev, High Court Of Andhra Pradesh. [OUT]
4. Three CD Copies GSC
m' ■ ■ HIGH COURT DATED:08/05/2025
ORDER WP.No.12916of2025 CLOSING THE WP WITHOUT COSTS