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High Court of Andhra Pradesh · body

2025 DAILYLAW 25047 (AP)

M/s. Shreeda Fashions, v. The State of Andhra Pradesh,

WP/17798/2025 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

m APHC010353282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 1 c /A r> WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N \NR\T PETITION NO: 17779. 17792, 17795. 17796. 17798. 17861 & 17824 ^/H * OF 2025 WRIT PETITION NO: 17779 OF 2025 Between: M/s. Vennila Clothing Company, Situated at D. No. 5-98-33, Main Road, Brodiepet, Guntur Rep. by Mummadi Pardhasaradhi, S/o. Hari Prasad, aged about 49 years, R/o.4-18, Pedavadlapudi Village, Guntur District - 522302 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur Municipal Corporation Office, Guntur, Guntur District. 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition and Rehabilitation and Resettlement Authority, 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 20l3’:(Act 30 of 2013) as arbitrary, illegal and unconstitutiona l and provisions ’ of Apf 30 'of 2013 and consequently direct the respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 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 respondents not to interfere with possession and enjoyment of the property i.e. M/s Vennila Clothing Company, situated at D.No. 5-98-33, Main Road Brodipet, Guntur, Andhra Pradesh Counsel for the Petitioner: SRI VENKATA KAMALAKANTH NADIMPALLI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE, Standing Counsel Counsel for the Respondent No.3: GP FOR LAND ACQUISITION APHC010352132025 WRIT PETITION NO: 17792 OF 2025 Between: Lakshmi Vinayaka Hosieries, rep. by its Prop. Kotha Ayyappa Gupta, Door No.5-98-22, 3'^ line, Brodiepet, Guntur, Guntur District - 522002. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur Municipal Corporation Office, Guntur, Guntur District. 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition and Rehabilitation & Resettlement Authority 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) as arbitrary, illegal and unconstitutional and provisions of Act 30 of 2013 and consequently direct the respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 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 respondents not to interfere with possession and enjoyment of the Lakshmi Vinayaka Hosieries, rep. by its Prop. Kotha property i.e. M/s. Ayyappa Gupta, R/o. Door No.5-98-22, 3"'^ line, Brodiepet, Guntur, Guntur District - 522002, Andhra Pradesh pending disposal of the above writ petition Counsel for the Petitioner: SRI VENKATA KAMALAKANTH NADIMPALLI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE Counsel for the Respondent No.3: GP FOR LAND ACQUISTION APHC010352152025 WRIT PETITION NO: 17795 OF 2025 Between: M/s. Sri Sai Datta Garments, rep. by its Prop. Desu Srinivas, Door No.6-19 43/3, 1lane, Arundalpet, Guntur, Guntur District - 522002. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner Municipal Corporation Office, Guntur, Guntur District. 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition Rehabilitation and Resettlement Authority, 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to Fair Compensation Transparency in Land Acquisition and Rehabilitation and Resettlement 2013 (Act 30 of 2013) as arbitrary, illegal and unconstitutional of Act 30 of 2013 and consequently direct the respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation Guntur and and Act and provisions and Transparency in Land Acquisition and Rehabilitation and Resettlement 2013 (Act 30 of 2013) IA NO: 1 OF 2Q2fi Act 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 not to interfere with possession and enjoyment of the property i.e. M/s. Sri Sai Datta Garments, rep by its Prop. Desu Srinivas, Door No.6-19-43/3, 11^" lane, Arundelpet, Guntur, Guntur District - 522004 Counsel for the Petitioner: SRI VENKATA KAMALAKANTH NADIMPALLI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE Counsel for the Respondent No.3: GP FOR LAND ACQUISITION APHC010352142025 ": jfc-T.T % is WRIT PETITION NO: 17796 OF 2025 Between: M/s. Fabrikha rep. by its Prop. Golla Haneesha Aurndelpet, Main Road, Guntur, Guntur District - 522002 Door No.6-19-63, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, Municipal Administration and Urban Development Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner Municipal Corporation Office, Guntur, Guntur District. Guntur 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition and Rehabilitation and Resettlement Authority, 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) as arbitrary, illegal and unconstitutional and provisions of Act 30 of 2013 and consequently direct the respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 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 respondents not to interfere with possession and enjoyment of the property i.e. M/s. Fabrikha, rep. by its Prop. Golla Haneesha, Door NO.6-19- 63, Aurndelpet, Main Road, Guntur, Guntur District-522002 Counsel for the Petitioner: SRI VENKATA KAMALAKANTH NADIMPALLI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE Counsel for the Respondent No.3: GP FOR LAND ACQUISITION APHC010352122025 0 WRIT PETITION NO: 17798 OF 202fi Between; M/s. Shreeda Fashions, rep. by its Prop. Gudipudi Venkata Phaneendra, 2""^ lane, Brodiepet, Guntur, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur Municipal Corporation Office Guntur, Guntur District. 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition and Rehabilitation and Resettlement Authority, 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 Cogrt may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) as arbitrary, illegal and unconstitutional and provisions of Act 30 of 2013 and consequently direct the respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement 2013 (Act 30 of 2013) Act / 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 respondents not to interfere with possession and enjoyment of the property i.e. M/s. Shreeda Fashions, Door No.5-98-22, Padmapriya Building, ward no.3, T.S.No.609, Present Asst.No.8840, Previous Asst. no.5283, between 2^^ and 3'^'^ lines, Brodiepet, Main Road, Guntur, Andhra Pradesh Counsel for the Petitioner: SRI VENKATA KAMALAKANTH NADIMPALLI ’ Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE Counsel for the Respondent No.3: GP FOR LAND ACQUISITION APHC010352782025 WRIT PETITION NO: 17801 OF 2n2fi Between: M/s. Sri Srinivasa Mill Cloth Show Room, rep. by its Mg. Partner Kothamasu Venkata Rama Mohan Rao, Door No.5-98-21, 3rd lane, Brodiepet, Guntur Guntur District - 500002. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur Municipal Corporation Office, Guntur, Guntur District. 1. 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition and Rehabilitation & Resettlement Authority, 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) as arbitrary, illegal and unconstitutional and provisions of Act 30 of 2013 and consequently direct the respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 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 respondents not to interfere with possession and enjoyment of the property i.e. M/s. Sri Srinivasa Mill Cloth Show Room, rep. by its Mg. Partner Kothamasu Venkata Rama Mohan Rao, Door No.5-98-21, between 2nd and 3rd lines, Brodiepet, Guntur Counsel for the Petitioner: SRI VENKATA KAMALAKANTH NADIMPALLI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEVAP Counsel for the Respondent No.2: SRI A S C BOSE Counsel for the Respondent no.3: GP FOR LAND ACQUISITION APHC010352752025 WRIT PETITION NO: 17824 OF 2025 Between: M/s. Mahati Cosmetics Shopee, rep. by its Prop. Aravapalli Naga Venkata Rama Durga Prasad, Door No.6-19-44/3, Arundelpet, Guntur, Guntur District - 522003. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur Municipal Corporation Office, Guntur, Guntur District. 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition and Rehabilitation and Resettlement Authority, 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) as arbitrary, illegal and unconstitutional and provisions of Act 30 of 2013 and consequently direct the respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation 2013 (Act 30 of 2013) lA NO: 1 OF 2Q2fi and Resettlement Act 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 not to interfere with possession and enjoyment of the property i.e. M/s. Mahati Cosmetics Shopee, rep. by its Prop. Aravapalli Naga Venkata Rama Durga Prasad, Door No.6-19-44/3, Arundelpet, Guntur, Guntur District - 522003 Counsel for the Petitioner: SRI VENKATA KAMALAKANTH NADIMPALLI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE Counsel for the Respondent No.3: GP FOR LAND ACQUISITION The Court made the following Common Order: 1 APHC010353282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] mu WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17779/2025 Between: 1.M/S. VENNILA CLOTHING COMPANY,, SITUATED AT D. NO. 5-98-33, MAIN ROAD, BRODIEPET, GUNTUR REP. BY MUMMADI PARDHASARADHI, S/0. HARI PRASAD, AGED ABOUT 49 YEARS, R/0.4-18, PEDAVADLAPUDI VILLAGE, GUNTUR DISTRICT - 522302 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. AND URBAN DEVELOPMENT 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION OFFICE, GUNTUR, GUNTUR DISTRICT. 3.THE COLLECTORCUMLAND ACQUISITION OFFICER, THE LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT AUTHORITY, GUNTUR, GUNTUR DISTRICT. 2 ...RESPONDENT(S): WRIT PETITION NO: 17792/2025 Between: 1.LAKSHMI VINAYAKA HOSIERIES EP. BY ITS PROP. KOTHA AYYAPPA GUPTA, DOOR NO.5-98-22, SRCHINE, BRODIEPET, GUNTUR, GUNTUR DISTRICT - 522002. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION OFFICE, GUNTUR, GUNTUR DISTRICT. 3.THE COLLECTORCUMLAND ACQUISITION OFFICER, THE ACQUISITION RESETTLEMENT AUTHORITY GUNTUR, GUNTUR DISTRICT. LAND AND REHABILITATION ...RESPONDENT(S): WRIT PETITION NO: 17795/2025 Between: 1.SRI SAI DATTA GARMENTS, REP. BY ITS PROP. KOTHA AYYAPPA GUPTA DOOR NO.5-98-22, 3RD LINE, BRODIEPET, GUNTUR, GUNTUR DISTRICT - 522002. ...PETITIONER 3 § AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. AND 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION OFFICE, GUNTUR, GUNTUR DISTRICT. 3.THE COLLECTORCUMLAND ACQUISITION OFFICER, THE LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT AUTHORITY, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): WRIT PETITION NO: 17796/2025 Between: 1.FABRIKHA, REP. BY ITS PROP. GOLLA HANEESHA DOOR NO.6-19-63, AURNDELPET, GUNTUR DISTRICT - 522002 MAIN ROAD, GUNTUR, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT AND URBAN 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION 4 OFFICE, GUNTUR, GUNTUR DISTRICT. 3.TFIE COLLECTORCUMLAND ACQUISITION OFFICER, THE LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT AUTHORITY, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): WRIT PETITION NO: 17798/2025 Between: 1.M/S. SHREEDA FASHIONS, REP. BY ITS PROP. GUDIPUDI VENKATA PHANEENDRA, 2ND LANE, BRODIEPET, GUNTUR , GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION OFFICE GUNTUR, GUNTUR DISTRICT. 3.THE COLLECTORCUMLAND ACQUISITION OFFICER, THE LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT AUTHORITY, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): 5 •4 WRIT PETITION NO: 17801/2025 Between: 1.SRI SRINIVASA MILL CLOTH SHOW ROOM, REP. BY ITS MG.PARTNER KOTHAMASU VENKATA RAMA MOHAN RAO DOOR N0.5-98-21,3RD LANE, BRODIEPET, GUNTUR GUNTUR DISTRICT - 500002. ...PETITIONER AND 1.THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT VELAGAPUDI, MUNICIPAL ADMINISTRATION DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT, 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION OFFICE GUNTUR, GUNTUR DISTRICT. 3.THE COLLECTORCUMLAND ACQUISITION OFFICER, THE LAND ACQUISITION AND REHABILITATION RESETTLEMENT AUTHORITY, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): WRIT PETITION NO: 17824/2025 Between: 1.M/S. MAHATI COSMETICS SHOPEE, REP. BY ITS PROP. ARAVAPALLI NAGA VENKATA RAMA DURGA PRASAD, DOOR NO.6-19-44/3, ARUNDELPET, GUNTUR GUNTUR DISTRICT- 522003. ...PETITIONER AND 6 1.THE STATE OF ANDHRA PRADESH, PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEVELOPMENT REP.BY ITS AND URBAN SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION OFFICE, GUNTUR, GUNTUR DISTRICT. 3.THE COLLECTORCUMLAND ACQUISITION OFFICER, THE LAND ACQUISITION AND REHABILITATION ’ AND RESETTLEMENT AUTHORITY, DISTRICT. GUNTUR, GUNTUR ...RESPONDENT{S): 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 topleased to issue an order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not following procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) as arbitrary, illegal and unconstitutional and provisions of Act 30 of respondents to follow the procedure contemplated under Sec.28 of The Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30 of 2013) lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to interfere with possession and enjoyment of the property i.e. M/s Vennila Clothing Company, situated at D.No. 5-98-33, Main Road Brodipet, Guntur, Andhra Pradesh more 2013 and consequently direct the praying that in the 7 / Counsel for the Petitioner: 1.VENKATA KAMALAKANTH NADIMPALLI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR LAND ACQUISITION 8 The Court made the following COMMON ORDER: involved in all the Writ Petitions is Since the issue interconnected, the Writ Petitions are disposed of by way of a common order. learned counsel for the petitioner and learned Standing Counsel for the 2"^^ respondent. 2. Heard Petitioners are tenants in the shopping complex situated at Brodiepet, Guntur District. The 3. Door No.5-98-33, Main Road have been running business in the said complex by petitioners investing huge amount on the shop i.e., payment of salaries to the employees apart from paying statutory taxes to the authorities. The rents to the landlords. As things stood petitioners are also paying thus, the 2^'" respondent, as part of development and implementation of Roads in Guntur Municipal Corporation, is proposing to widen the main road which is obstructing the shopping complex in the said threat out of respondent is holding a nd and the 2 process demolishing the shopping complex, which is presently under the submitted that the petitioners respondent to exempt the said shopping respondent has not considered the pleas submitted that the petitioners have to be occupation by the petitioners. It is represented before the 2 complex, however, the 2 of the petitioners. It is nd nd 9 considered as persons interested with the property which is under their occupation under Section 3(10) of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 (for brevity Act, 2013). It is also submitted that section 28 of the Act, 2013 would entitle the petitioners for damages and loss caused to the petitioners. Learned Standing Counsel for the 2""' respondent submitted that this Court in W.P.No.15587 of 2025 had considered similarly situated persons and disposed the writ petition by directing the respondent authorities to consider the objections of the petitioners before taking further actions. The learned Single Judge also placed reliance on the judgment of this Court in Ushodaya Publications, Hyderabad v. Commissioner, Municipal Corporation, Hyderabad ^ahd held that the respondent authorities shall have to initiate proceedings under Act, 30 of 2013 in the absence of the consent to be given by the petitioners the consent of the land owner would not be binding on the petitioners. 4. Considering the submissions of both the learned counsel and the judgment of this Court, these Writ Petitions are disposed of by directing the respondent authorities to consider the objections of the 5. ^ 2001 (3) ALD 173 10 I petitioners, before taking further actions in demolishing the shopping plex in question. There shall be no order as to costs, sequel, miscellaneous applications pending, if any, shall com As a stand closed. Sd/- SHAIK MqWE^AFI TRAR ASSISTANT RE //TRUE COPY// SECTION OFFICER To 1 Pradesh, Municipal Department, Secretariat, 1. The Principal Secretary, State of Andhra Administration and Urban Development Velagapudi, Amaravathi, Guntur District. , Guntur Municipal Corporation, Guntur Municipal 2. The Commissioner Corporation Office, Guntur, Guntur District. 3. The Collector-cum-Land Acquisition Officer, The Land Acquisition and Resettlement Authority, Guntur, Guntur District. KAMALAKANTH NADIMPALLI Advocate Rehabilitation and 4. One -CC to Sl^l VENKATA lOPUC] ^ Standing Counsel for Municipalities 1;' 5. One CC to SRf A S C BOSE [OPUC] ; ' ■ 6. Two CCs to GP FOR Andhra Pradesh [OUT] 7. Two CCs to GP FOR Pradesh [OUT] 8. Two CD Copies MUNCIPAL ADMN URBAN DEV High Court of LAND ACQUISITION High Court of Andhra gsg a if if HIGH COURT DATED: 16/07/2025 ORDER WP NO. 17779, 17792, 17795, 17796, 17798,17801 & 17824 OF 2025 DISPOSING THE WP WITHOUT COSTS