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2025 DAILYLAW 28441 (AP)

Smt. S. Leela v. The State of Andhra Pradesh,

WP/20667/2025 · 2025-08-04

Harinath N

body2025

Judgment text

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APHC010404572025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20667/2025 Between: 1. SMT. S. LEELA, W/O LATE V. SINGARAM, AGED ABOUT 82 YEARS, OCC NILL, R/O D.NO.2 PALLI, CHITTOOR, ANDHRA PRADESH. 2. R. KOMALA,, W/O R. THUKARAM, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O D.NO. 16 PUTALAPATTII CHITTOOR. 3. S. VINOD RAJ,, S/O SIMON RAJ, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O D.NO.2 4. S. NIRMALAMMA,, W/O LATE V. SIGAMANI, AGED ABOUT 75 YEARS, OCC HOUSEWIFE, R/O D.NO.2 KONGAREDDY PALLI, CHITTOOR. 5. M. VEDHANAYAKAM,, S/O LATE M. SUNDHAR RAJ, AGED ABOUT 67 YEARS, OCC BUSINESS, R/O. D.NO.6 GUDIYATHAM ROAD, PALAMERU, CHITTOOR. 6. M. SARA SUBASHINI,, D/O LATE M. MANIKYAM, AGED ABOUT 47 YEARS, OCC BUSINESS, R/ KONGAREDDY PALLI, CHITTOOR. 7. S.P RABEKA,, D/O LATE RAJAMMA SHANKAR AGED ABOUT 54 YEARS, OCC BUSINESS, R/O. D.NO.2 KONGAREDDY PALLI, CHITTOOR. 8. S. PRASAD,, S/O LATE RAJAMMA SHANKAR AGED ABOUT 66 YEARS, OCC BUSINESS, R/O. D.NO.2 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20667/2025 SMT. S. LEELA, W/O LATE V. SINGARAM, AGED ABOUT 82 YEARS, OCC NILL, R/O D.NO.2-1087, READSPET, KONDAREDDY PALLI, CHITTOOR, ANDHRA PRADESH. R. KOMALA,, W/O R. THUKARAM, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O D.NO. 16-21, VEERALAGUDI PALLI, PUTALAPATTII CHITTOOR. S. VINOD RAJ,, S/O SIMON RAJ, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O D.NO.2-300, READSPET, CHITTOOR. S. NIRMALAMMA,, W/O LATE V. SIGAMANI, AGED ABOUT 75 YEARS, OCC HOUSEWIFE, R/O D.NO.2-1050, READSPET, LLI, CHITTOOR. M. VEDHANAYAKAM,, S/O LATE M. SUNDHAR RAJ, AGED ABOUT 67 YEARS, OCC BUSINESS, R/O. D.NO.6-378, VIDHYANAGAR, GUDIYATHAM ROAD, PALAMERU, CHITTOOR. M. SARA SUBASHINI,, D/O LATE M. MANIKYAM, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O. D.NO.2-1048, READSPET, KONGAREDDY PALLI, CHITTOOR. S.P RABEKA,, D/O LATE RAJAMMA SHANKAR AGED ABOUT 54 YEARS, OCC BUSINESS, R/O. D.NO.2-1043, READSPET, KONGAREDDY PALLI, CHITTOOR. S. PRASAD,, S/O LATE RAJAMMA SHANKAR AGED ABOUT 66 OCC BUSINESS, R/O. D.NO.2-1040, READSPET, IN THE HIGH COURT OF ANDHRA PRADESH [3457] SMT. S. LEELA, W/O LATE V. SINGARAM, AGED ABOUT 82 1087, READSPET, KONDAREDDY R. KOMALA,, W/O R. THUKARAM, AGED ABOUT 47 YEARS, OCC 21, VEERALAGUDI PALLI, S. VINOD RAJ,, S/O SIMON RAJ, AGED ABOUT 47 YEARS, OCC S. NIRMALAMMA,, W/O LATE V. SIGAMANI, AGED ABOUT 75 1050, READSPET, M. VEDHANAYAKAM,, S/O LATE M. SUNDHAR RAJ, AGED ABOUT 378, VIDHYANAGAR, M. SARA SUBASHINI,, D/O LATE M. MANIKYAM, AGED ABOUT 47 1048, READSPET, S.P RABEKA,, D/O LATE RAJAMMA SHANKAR AGED ABOUT 54 1043, READSPET, S. PRASAD,, S/O LATE RAJAMMA SHANKAR AGED ABOUT 66 1040, READSPET, 2 KONGAREDDY PALLI, CHITTOOR. 9. S. RAJAN,, S/O LATE R. SURESH BABU, AGED ABOUT 28 YEARS, OCC BUSINESS, R/O. D.NO.2-1017, 2-1020, 2-1018, 2-1019, READSPET, KONGAREDDY PALLI, CHITTOOR. 10. Y. MALATHI,, W/O LATE SUBHAS KUMAR, AGED ABOUT 51 YEARS, OCC BUSINESS, R/O. D.NO.2-106, KONGAREDDY PALLI, CHITTOOR. 11. D. JAYASEELA,, D/O LATE D. DEVADAS, AGED ABOUT 65 YEARS, OCC BUSINESS , R/O. D.N0.2-135B, MAIN ROAD, KONGAREDDY PALLI, CHITTOOR. 12. M. RANI,, W/O MACILAMARI, AGED ABOUT 66 YEARS, OCC BUSINESS, R/O. D.NO.2-1054, READSPET, KONGAREDDY PALLI, CHITTOOR. 13. S. SREEDHAR,, S/O LATE JAYARAMUDU, AGED ABOUT 47YEARS, OCC BUSINESS, R/O. D.NO.2-1053, READSPET, KONGAREDDY PALLI, CHITTOOR. 14. G. YUVARAJ,, S/O LATE C. GOVINDA RAJULU, AGED ABOUT 57 YEARS, OCC BUSINESS, R/O. D.NO.2-322, MAIN ROAD, KONGAREDDY PALLI, 0PP. KARUMARI AMMA TEMPLE CHITTOOR. 15. G. VINODH KUMAR,, S/O LATE R. GANESH, AGED ABOUT 44 YEARS, OCC BUSINESS, R/O. D.NO.23-504, NB COLONY, KONGAREDDY PALLI, CHITTOOR. 16. E. ELISHA GLADYSTAN,, S/O LATE J. EOLWARD, AGED ABOUT 67 YEARS, OCC BUSINESS, R/O. D.NO.2-212, READSPET, KONGAREDDY PALLI, CHITTOOR. 17. S. CHAKARVATHI,, S/O LATE M. SUBRAMANYAM, AGED ABOUT 74 YEARS, OCC NIL, R/O. D.NO.2-320, 2-321, MAIN ROAD, KONGAREDDY PALLI, CHITTOOR 18. D.S, MUNAF,, S/O LATE D.S VANI, AGED ABOUT 51 YEARS, OCC BUSINESS, R/O. D.NO.2-313, MAIN ROAD, KONGAREDDY PALLI, CHITTOOR CONTD. 19. J. YAGAMBAL,, D/O LATE J. JAYARAMAN, AGED ABOUT 56 YEARS, OCC BUSINESS, R/O. D.NO.2-317-319, MAIN ROAD, 3 KONGAREDDY PALLI, CHITTOOR. 20. P. PREETHAM RAJU,, S/O LATE P. PREMNADH, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O. D.NO.2-297, READSPET, CHITTOOR. 21. BARNISH ARUL MOZHIE, D/O LATE S. JOHNSON SELVAM, AGED ABOUT 61 YEARS, OCC BUSINESS, R/O. D.NO.2-1031/1, READSPET, CHITTOOR. 22. B. STEPHEN RAJKUMAR,, S/O LATE D.J BARNABAS AGED ABOUT 73 YEARS, OCC NIL, R/O. D.NO.2-301, READSPET, CHITTOOR. 23. G. DURGA,, W/O M. GANESH, AGED ABOUT 27 YEARS, OCC BUSINESS, R/O. D.N0.3-254/6D, BRAHMIN STREET, GREEMPET. 24. G. DEEPA LAKSHMI,, W/O S. SANMUGAM SUDHAVAN, AGED ABOUT 35 YEARS, OCC BUSINESS, R/O. D.NO.26,THANGI, KANJIPURAM, ROAD STREET 631601. 25. S. SWAMY NATHAN,, S/O LATE SUNDHARAM, AGED ABOUT 61 YEARS, OCC BUSINESS, R/O. D.NO.2-1052, MAIN ROAD, READSPET, KONGAREDDY PALLI, CHITTOOR. 26. A. SHOBA,, W/O A. VENKATARAMANA, AGED ABOUT 62 YEARS, OCC BUSINESS, R/O. GOVINAGAR, VEMPALLI TOWN AND MANDAL. 27. Y. PRAKASH,, S/O Y. SUBHA NAIDU, AGED ABOUT 58 YEARS, OCC BUSINESS, R/O. D.NO. 13-58, TUDA QUARTERS, TIRUPATHI, CHITTOOR DISTRICT, ANDHRA PRADESH. 28. R. ARUN,, W/O A. ROBERT, AGED ABOUT 51 YEARS, OCC BUSINESS, R/O D.NO.2-305, 2-306, READSPET, KONGAREDDY PALLI, CHITTOOR. 29. P. KANNAIAH,, S/O P. PUNIMAL NAIDU AGED ABOUT 68 YEARS, OCC NIL, R/O. D.NO.1-63, BUMMASAMUDHEEM, CHITTOOR DISTRICT. 30. M. MADHURI,, W/O M. HEMA SHANKAR REDDY, AGED ABOUT 63 YEARS, R/O D.NO.9-5-4, PALLECHERUVU VILLAGE, THAVANAM MANDAL, CHITTOOR DISTRICT. 4 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION, SECRETARIAT, VEIAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHITTOOR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CHITTOOR, CHITTOOR DISTRICT. 3. THE TOWN PLANNING OFFICER, THE CHITTOR MUNICIPAL CORPORATION, CHITTOOR, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 5 ORDER: The learned counsel for the petitioners submits that the petitioners are residents of Chittoor–Puthuru Road and have constructed houses abutting the road. It is submitted that the 2nd respondent is in the process of widening the road without issuing any notice to the petitioners and is resorting to marking the petitioners’ properties for the purpose of road widening. 2. It is submitted that the 2nd respondent could not have resorted to marking the properties of the petitioners without issuing a notice of acquisition. It is also submitted that, except the 4th petitioner, none of the petitioners have been served with any notices, and that the notice served to the 4th petitioner on 22.07.2025 would indicate that the 4th petitioner is an encroacher on the land. 3. It is submitted that the 4th petitioner was assigned a patta on 03.09.2023 to an extent of 49 square yards and has been residing there ever since the patta was granted to her. It is also submitted that the other petitioners have either been assigned properties, have purchased the same, or have inherited the land from the original assignee. 4. It is further submitted that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would have to be resorted to in the event the 2nd respondent is in the process of acquiring land or dispossessing the petitioners from their residential houses. It is submitted that on 22.07.2025, the men from the 2nd respondent office have approached the properties of the petitioners and intended to 6 demolish their residential houses, and on the pretext of the petitioners, the said efforts were withdrawn by the 2nd respondent. 5. Heard the learned counsel for the petitioners and the learned Standing Counsel for the 2nd respondent. 6. This Court is of the considered view that the writ petition can be disposed off at the admission stage. There shall be a direction to the 2nd respondent not to dispossess the petitioners without following the due process of law, in the event the 2nd respondent intends to acquire the land, the procedure under Act 30 of 2013 shall be followed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 05.08.2025 PNS