1 APHC010476882023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24652/2023 Between: Kollamaram Kesava Reddy ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. E ANJANA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in lay road in the petitioner’s residential plots bearing No.104 and 105 in Sy.No.28 of Dharmavaram, Sri Satya Sai District as without notice or if any is bad, arbitrary, illegal, violation of principles of natural justice also offends Art. 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere or lay road in the petitioner’s residential plots bearing No.104 and 105 in Sy.No.28 of Dharmavaram, Sri Satya Sai District without following due process of law …...” 2. The case of the petitioner is that he is the absolute owner and possessor of residential plots bearing Nos.104 and 105 in Sy.No.28 situated at Chandrababu Nagar, Dharmavaram, Sri Satya Sai District, having purchased the same from the lawful owner on 29.10.2019. 3. While the matter being so, the Municipal authorities started laying a road from Chandrababu Nagar to Municipal main road towards Shanthi Nagar with 30 feet width. As per the petitioner’s sale deed and plan, there was a 20- feet road running from south to north on the western side of the petitioner’s plots. However, due to political influence, the 2nd respondent is now laying a 30 feet road, apart from the existing 20 feet road, from west to east through the petitioner’s plots, without acquiring the land or issuing any notice to the petitioner. When the petitioner questioned the high handed action of the respondents, they informed that the land is required for laying a road from 3 Municipal Office leading to Chandrababu Nagar. On 07.09.2023, the 2nd respondent, along with his staff, tried to entered into the petitioner’s land for leveling to lay road, without following due procedure. Subsequently, the petitioner submitted representations on 07.09.2023 and 13.09.2023 to the respondents, explaining all the facts and requesting to stop laying road in the petitioner’s land. Therefore, challenging the action of the respondents in laying a road in the petitioner’s residential plots bearing Nos.104 and 105 without following due procedure as contemplated under Act 30 of 2013, the present writ petition is filed. 4. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Ms.V.Sireesha Rani, learned Standing Counsel for respondent No.2. 5. Today, when the matter came up for hearing, learned Standing Counsel representing the Commissioner, Dharmavaram Municipality/2nd respondent has furnished as copy of written instructions, wherein it is stated that the area in question is selected as part of a Master Plan road, as per G.O.Ms.No.521, Municipal Administration Department, dated 24.08.1993. It is further stated that at present the Municipality has neither laid any road newly nor any road is existing in the said area. It is also further stated that if at all the respondents intend to lay any road through the petitioner’s land, they will follow due process of law. 4 6. In view of the above instructions, this Court feels it appropriate to dispose of the Writ Petition by directing the respondents not to interfere with the petitioner’s possession over the subject property, without following due process of law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 07.02.2025 KGR