I r APHC010446612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23120 OF 2025 Between: Chandalada Rama Tulasi, W/o late Veerabhadra Rao, aged about 73 years R/o 9-149, Ravi Nagar, Vepagunta Village, Gopalapatnam Manda-I, Visakhapatnam District. ...Petitioner AND The State Of Andhra Pradesh, , rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam. The District Collector, Visakhapatnam District at Visakhapatnam. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. The Tahasildar, Pendurthi Mandal, Pendurthi, Visakhapatnam District. 1. 2. 3. 4. 5. ...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 declaring the action of the respondents 2 f and 5 in trying to acquire the petitioners land viz., Plot Nos.387/12, 13, 14 admeasuring 567 sq.yards. Plot Nos.387/19 and 20 admeasuring 300 sq.yards. Plot No.434 admeasuring 1259 sq.yards. Plot No.435 admeasuring 3640 sq.yards. Plot No.201 and 202 admeasuring 4000 sq.yards along with the buildings therein. Plot No.119 admeausring 1200 sq.yards and that 2000 sq.yards and Ac.2.50 cents situated in Sy.No.77/10A-4 in Vepagunta, Greater Visakhapatnam Municipal Corporation limits, for widening the road or for formation of underground pipeline, without following due process of law as illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and without initiating the procedure as contemplated under the provisions of the Andhra Pradesh Municipal Corporation Act and the Rules framed thereunder or under the Act 30/2013 and consequently direct the respondents 2 to 5 not to acquire the petitioners land detailed above without following the due process of law either paying compensation and extending the benefit of Transferable Development Rights (TDRs). 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 2 and 5 not to interfere with the petitioner’s her land viz.. Plot Nos.387/12, 13, 14 admeasuring 567 sq.yards, Plot Nos.387/19 & 20 admeasuring 300 sq.yards. Plot No.434 admeasuring 1259 sq.yards. Plot No.435 admeasuring 3640 sq.yards. Plot No.201 and 202 admeasuring 4000 sq.yards along with the buildings therein. Plot No.119 admeausring 1200 sq.yards and that 2000 sq.yards and Ac.2.50 cents situated in Sy.No.77/10A- 4 in Vepagunta, Greater Visakhapatnam Municipal Corporation limits, pending disposal of the writ petition. Counsel for the Petitioner: SRI KOCHIRI RAJA SHEKAR Counsel for the Respondent No.1;GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos.3 to 5: GP FOR REVENUE Counsel for the Respondent No.2: SRI A S C BOSE The Court made the following order: 1 r HN, J W.P.No.23120 2025 / APHC010446612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] / / r THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23120/2025 Between: 1.CHANDALADA RAMA TULASI, W/0 LATE VEERABHADRA RAO, AGED ABOUT 73 YEARS R/0 9-149, RAVI NAGAR, VEPAGUNTA VILLAGE, GOPALAPATNAM MANDA-I, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. 2.GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 4.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE TAHASILDAR, PENDURTHI MANDAL, PENDURTHI, VISAKHAPATNAM DISTRICT. ...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 appropriate writ, order or direction more HN, responded"; IT,"'": ^“'^'"9 tte attSnXe Nos 387/12 13 14 h *° acquire the petitioners iand viz., Plot Nos.387/12, 13, 14 admeasuring 567 sq.yards. Plot Nos 387/19 and 20 admeasurmg 300 sq.yards. Plot No.434 admeasuring 1259 sq Lds PW No.435 admeasuring 3640 sq.yards. Plot No.201 and 202 admeasuring 4000 sq.yards along with the buildings therein. Plot No.119 admeausrinq ^ 1200 sq^ards and that 2000 sq.yards and Ac.2.50 cents situated in Sy No 77/10A 4 m Vepagunta, Greater Visakhapatnam Municipal Corporation limits for Te'pZss T " underground pipeline, without following due process of law as illegal, arbitrary, violation of principles of natural justice and viola lye of Articles 14 and 300-A of the Constitution of India and without mitiating the procedure as contemplated under the provisions of the Andhra he Ac 30/2013 and consequently direct the respondents 2 to 5 not to acquire lither na"^'" “'"’°ut following the due process of law eithe paying compensation and extending the benefit of Transferable Development Rights (TDRs) and ansrerable pass lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i - praying that in the circumstances stated in support of the petition, the High Court may be oleased pleased to direct the respondents 2 and 5 not to interfere with thl petLner's Nos 87/ir.2n 4 sq yards pTo' Nos.387/19 & 20 admeasuring 300 sq.yards, Plot No.434 admeasurinq 1259 sq.yards. Plot No.435 admeasuring 3640 sq.yards. Plot No.201 and 202 admeasuring 4000 sq.yards along with the buildings therein, Ptot No 119 admeausring 1200 sq.yards and that 2000 sq.yards and Ac 2 50 cents situated in Sy.No.77/10A-4 in Vepagunta, Greater Visakhapatnam Municipal Corporation limits, pending disposal of the writ petition and pass ^ Counsel for the Petitioner: 1.KOCHIRI RAJASHEKAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.23120_2025 ORDER: The petitioner is aggrieved by the action of the respondent Nos.2 and 5, \Nho are attempting to dispossess the petitioner from the plots Nos.387/12, 13, 14, admeasuring 567 square yards; Plot Nos.387/19 and 387/20, admeasuring 300 square yards; Plot No.435, admeasuring 3,640 square yards; Plot Nos.201 and 202, admeasuring 4,000 square yards; Plot No. 119, admeasuring 1,200 square yards; an extent of 2000 square yards and an extent of Ac.2.50 cents situated in Sy.No.77/10A-4 in Vepagunta, Visakhapatnam. It is submitted that the petitioner’s husband purchased the 1. 2. aforementioned properties, and the petitioner is currently in possession and enjoyment of the same. However, the 2'"'' respondent under the guise of laying an underground pipeline, is attempting to dispossess the petitioner from her plots without following the due process of law. The learned Standing counsel appearing for the respondents submitted 3. that the petitioner, along with others, had previously filed W.P.Nos.25693, 27156 and 28998 of 2018, wherein the action of the respondent Nos.2 to 5 therein was challenged in respect of the same survey number over which the petitioner is now claiming title of certain plots. The learned Single judge of this Court disposed off the said matters with a direction to the respondents to follow the procedure prescribed under law and to pay compensation to the petitioners in terms of the provisions of the Andhra Pradesh Domestic, Irrigation and Industrial Water Grid Pipelines (Acquisition of Right of User in Land) Act, 2018, if they intended to lay drinking water pipelines through the subject land. 4 W.P.No.23120_2025 4. The learned counsel for the petitioner submits that a similar relief has already been granted to the petitioner for the plots mentioned in the present writ petition. 5. Heard the learned counsel for the petitioner, the learned Standing counsel for respondents No.2, and the learned Assistant Government Pleader for the remaining respondents. 6. Considering the submissions made, the writ petition is disposed off with a direction to the respondents to follow the procedure prescribed and to compensation to the petitioner in terms of the provisions of the Andhra Pradesh Domestic, Irrigation and Industrial Water Grid Pipelines (Acquisition of Right of User in Land) Act, 2018, if they intend to lay drinking water pipelines through the subject land. In the event the respondent authorities intend to acquire the land make payment for public purposes, the procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be duly followed. With the above directions, the present writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications, pendinp^if any, shall stand pay 7. or 8. closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development Department Amaravati, Guntur District. 2. The Commissioner Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Municipal Administration and Urban Secretariat Buildings, Velagapud I, 3, The District Collector, Visakhapatnam District at Visakhapatnam. 4 jhe Revenue Divisional Officer District. 5. The Tahasildar Visakhapatnam, Visakhapatnam Visakhapatnam Pendurthi Mandal, Pendurthi, District. 6. One CC to Sri. Kochiri Raja Shekar, Advocate [OPUC] Revenue High Court of Andhra Pradesh [OUT] MUNCIPAL ADMN AND URBAN DEV, High 7. Two CCS to GPFor 8. Two CCS to GP for Court of Andhra Pradesh [OUT]. 9. One CC to Sri A S C Boss, Advocate [OPUC]. 10. Two CD Copies. AL * t HIGH COURT DATED:04/09/2025 ORDER WP NO. 23120 OF 2025 S( ’ 2 SEP 20?5 o i Co • ★''sQirrent Sectwix^^ DISPOSING OF THE W.P. WITHOUT COSTS