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2025 DAILYLAW 18265 (AP)

YEDUBATI LEELA KRISHNA RAO v. THE STATE OF ANDHRA PRADESH

WP/12664/2025 · 2025-05-08

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i 1 1 s IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12664 OF 2025 Between: 1. Yedubati Leela Krishna Rao, S/o. Venkata Subbaiah, aged about 75 years, R/o.3-34, Vatticherukuru Village and Mandal, Guntur District. 2. Smt.Mangamuri Bhargavi Devi, W/o. Mangamuri Venu Gopal, aged about 49 years. Presently R/o. Addanki, Prakasam District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat building, Velagapudi, Amaravathi. 2. The Guntur Municipal Corporation, Rep. by its Municipal Commissioner, Guntur City, 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 an appropriate Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ, order, or direction, declaring the action of the Respondents in proceeding to take possession of the petitioner's land without following due process of law, as arbitrary, illegal and violative of Articles 14 21 and 300A of the Constitution of India and further direct the respondents not to take any coercive steps or interfere with the peaceful possession of the petitioner's land situated in Sy. No. 465/3B1, Pedapalakaluru(V),Guntur District without paying proper compensation before acquisition, and to grant personal hearing before taking any further action, and to ensure strict adherence to the principles of land acquisition, while granting such other reliefs deemed just and proper in the interest of justice. as 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 grant an interim order directing the respondents to status quo and further not to take any coercive steps or interfere with the peaceful possession of the petitioner’s land situated in Sy. No.465/3B1, Pedapalakaluru (V), Guntur District, without acquisition and compensation, and to grant a personal hearing before taking any further action prejudice to the petitioner’s rights under this petition. Counsel for the Petitioner: SRI GANESH PALADUGU Counsel for the Respondent No.1: GP FOR MUNICIPAL maintain without ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following: ORDER "3^ 1 ¥^ . APHC010253392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 9 [3460] ii FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12664/2025 Between: ...PETITIONER(S) Yedubati Leela Krishna Rao and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petltioner(S): 1.GANESH PALADUGU Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12664 OF 2025 ORDER: The present'Writ Petition is filed to declare the action of the Respondents in proceeding to take possession of the Petitioners’ land without following due process of law as illegal arid arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. 2. The Petitioners claim to be owners of Ac. 1.00 cents situated in common Sy.No.465/3 at Pedapalakaluru Village, Guntur District. A Notice dated 10.12.2018 was issued by the Respondent No.2 calling upon, the Petitioners to handover the possession to an extent of 270 sq. yards ( 90 sq.yards from the property of the Petitioner No.1 and 180 sq. yards from the property of the Petitioner No.2) for the purpose of laying the Mahatma Gandhi Inner Ring Road, Phase-lll. 3. Learned Counsel for the Petitioners s'ubmits that though the Petitioners did not give consent, the Respondent Authorities are trying to lay a road. He further submits that the Respondent Authorities vide endorsement dated 12.01.2023 and 18.01.2023 informed to the Petitioners that an extent of Ac.0-21/2 cents and Ac.0.05 cents are required from the Petitioners for the said purpose and to that effect a notice under Section 146 of the Andhra Pradesh Municipal Corporation Act was issued. jT 3 4. Learned Standing Counsel on instructions submits that the Petitioners themselves have agreed for the TDK Bonds vide Letter dated 14.06.2023 and the same proves the consent of the Petitioners. He further submits that the Respondent Authorities would be issuing TDRs to the Petitioners for the land acquired from their possession within a period of eight weeks from the date of execution of gift deed by the Petitioners. 5. Taking note of the submissions of the learned Standing Counsel, the Writ Petition can be disposed of with the following directions; i) The Petitioners shall execute Gift Deeds for the extent of land acquired from their possession within a period of four weeks ii) The Respondent Authorities shall issue TDRs to the Petitioners for the land acquired from the possession of the Petitioners within a further period of 12 weeks from the date of execution of Gift Deeds. iii) No order as to costs. 6. Accordingly, the Writ Petition is disposed of. As a sequel, miscellaneous applications pending, if any, shal'l also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat building, Velagapudi, Amaravathi. 2. The Municipal Commissioner, Guntur Municipal Corporation, Guntur City, Guntur District. % One CC to Sri Ganesh Paladugu, Advocate [OPUC] One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC; Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] Three CD Copies. ci. 4. / ■V 5. 6. ssb HIGH COURT DATED:09/05/2025 ORDER WP.No.12664 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS