PEDDIREDDI NARAYANA SWAMY v. THE STATE OF ANDHRA PRADESH
WP/23859/2025 · 2025-09-08
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31427 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31427 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010459242025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23859/2025 Between: Peddireddi Narayana Swamy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. K SUBRAHMANYAM Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR REVENUE The Court made the following:
-2- W.P. No.23859 of 2025 Date of order: 09.09.2025
THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23859 OF 2025 ORDER:
1. The petitioner is aggrieved by the inaction on the part of the respondents authority in not considering the representation, dated 13.02.2025, submitted to the 5th respondent, seeking permission to erect a temporary shed. 2. It is submitted that the father of the petitioner was assigned 9 cents of land on 21.02.1968, and ever since then, the petitioner and his family have been residing in the said property. It is further submitted that the respondents, in a high handed manner, demolished the house of the petitioner under the pretext that the property was required for road widening. 3. The learned counsel for the petitioner submits that the petitioner had earlier filed W.P. No.41457 of 2015, wherein by the judgment, dated 30.06.2017, this Court directed the respondents not to dispossess the petitioner without following due process of law. Inspite of such a direction, the respondent authorities demolished the house of the petitioner in a high handed manner. It is further submitted that the petitioner intend to erect a small shed to reside in, which is being objected to by the respondents. -3- W.P. No.23859 of 2025 Date of order: 09.09.2025
4. The learned standing counsel appearing for the 5th respondent, on written instructions, submits that as per the master plan, the subject property falls within the margin of the road widening scheme. Therefore, the land must be kept free from any permanent or temporary structures. It is also submitted that without obtaining any permission, no construction can be permitted on the said land. 5.
Be that as it may, considering the submissions of the learned counsel for the petitioner that the petitioner intends to live in the said property by constructing a temporary shed, it is left open for the petitioner to apply online for grant of permission for erecting a temporary shed, for living in the said property. On receipt of such application, the respondent authority shall consider the same and grant permission for erecting a temporary shed. 6. It is made clear that in the event the respondents authority intend to acquire the subject land for the purpose of road widening, the 5th respondent shall essentially have to invoke the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 7. Pending consideration of the application of the petitioner for grant of permission for erecting a temporary shed in the subject land,
-4- W.P. No.23859 of 2025 Date of order: 09.09.2025
there shall be a further direction not to dispossess the petitioner from the said land. 8. Accordingly, the writ petition is disposed of. No costs. 9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N