Extracted from the PDF above. The PDF is authoritative.
s, V.\ APHC010510682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26249 OF 2025 Between:
1. N.Radha Rani, W/o: N.Sreenivasulu Reddy, Aged 53 Yrs, Occ: Business, R/o 15-1-22, Shivaji Nagar, C.T.M, Road, Madanapalle town and Mandal, Annamayya District, AP. 2. C.Narasamma, W/o: C.Surendra Reddy, Aged 51 Yrs, Occ: House Wife, R/o: Cheruvumoravapalle Village, Tarigonda Post, Gurramkonda Mandal, Annamayya District, A.P.
3. S.Rasheeda, W/o: S.Arshad, Aged 47 Yrs, Occ: Housewife, R/o: H.No.5- 58-3/1, ApparaoThota, Madanapalle town and Mandal, Annamayya District, AP. ...Petitioners AND
1. The State of Andhra Pradesh, Rep by its PrI. Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep by its PrI., Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent of Police, Annamayya District, Rayachoty, Andhra Pradesh. 4. The District Collector, Annamayya District, Rayachoty, Andhra Pradesh. 5. The Revenue Divisional Officer, Madanapalle Revenue Division Madanapalle, Annamayya District, Andhra Pradesh. 6. The Tahsildar, Madanapalle Mandal, Annamayya District, Andhra Pradesh. 7. The Madanapalle Municipality, Rep by its Commissioner Madanapalle, Annamayya District, Andhra Pradesh. 8. The Inspector of Police, Traffic Wing Madanapalle, Annamayya District, Andhra Pradesh. 9. The Deputy Executive Engineer, Irrigation Department, Madanapalle Annamayya, District, Andhra Pradesh. ...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 a writ order of direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos. 3 to 9 and their Staff in trying to evict/dispossess for the purpose of laying road or any other purpose in the Petitioners land (house sites) herein in an extent of Ac.0.10 cents in Sy.No.391-2 and in an extent of Ac.0.05 cents in Sy.No.276 belongs to the 1st Petitioner, in an extent of Ac.0.02 72 cents or 121 Sq.
Yards belongs to 2nd Petitioner herein and in an extent of Ac.0.23 cents in S.No.391-2, and in an extent of Ac.0.10 cents in Sy.No. 276 to the Petitioner herein, all the plots situated at B.K.Palle Village, Adjacent to SBI Colony, Madanapalle, Annamayya District, Andhra Pradesh without initiating any proceedings to acquire the land as per law, without sanction from any of the authorities concerned and without notice to the Petitioners herein, which is illegal, arbitrary and also against the Principal of Natural Justice and also against Article 21 & 300-A of the Constitution of India and consequently direct
the Respondents herein not to dispossess the petitioners from their land for the formation of Road or any other purpose. 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 may be pleased to direct the respondent 3 to 9 that not to dispossess the petitioners from their land for the formation of Road or any other purpose in an extent of Ac.0.10 cents in Sy.No.391-2 and in an extent of Ac.0.05 cents in Sy.No.276 belongs to the 1st Petitioner, in an extent of Ac.0.02 1/2 cents or 121 Sq. Yards belongs to 2"^ Petitioner herein and in an extent of Ac.0.23 cents in S.No.391-2, and in an extent of Ac.0.10 cents in Sy.No. 276 to the 3 Petitioner herein, all the plots situated at B.K.Palle Village, Adjacent to SBI Colony, Madanapalle, Annamayya District, pending disposal of the main Writ Petition.
rd Counsel for the Petitioners: SUBRAMANYAM DARABOINA Counsel for the Respondent No.1: GP MUNCIPAL ADMNINISTRATION AND URBAN DEVELOPMENT AP Counsel for the Respondent No.2, 3 AND 8: GP FOR HOME Counsel for the Respondent No.4 to 6: GP FOR REVENUE Counsel for the Respondent No.7: SRI G.LAKSHMI NARAYANA (SC FOR MUNICIPALITY) Counsel for the Respondent No.9: GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT The Court made the following: ORDER
% APHC010510682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE -TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26249/2025 [3457] Between:
1.N RADHA RANI, W/0 N.SREENIVASULU REDDY, AGED 53 YRS OCC BUSINESS, R/0 15-1-22, SHIVAJI NAGAR, C.T.M, ROAd! MADANAPALLE TOWN AND MANDAL, ANNAMAYYA DISTRICT, AP. 2.C.NARASAMMA,, W/0 C.SURENDRA REDDY, AGED 51 YRS, OCC CHERUVUMORAVAPALLE VILLAGE, HOUSE WIFE, R/0 TARIGONDA POST, GURRAMKONDA MANDAL, ANNAMAYYA DISTRICT, A.P. 3.S.RASHEEDA, , W/0 S.ARSHAD, AGED 47 YRS, OCC HOUSEWIFE, R/0 H.NO.5-58-3/1, APPARAOTHOTA, MADANAPALLE TOWN AND MANDAL, ANNAMAYYA DISTRICT, AP. ...PETITIONER(S) 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDl;;iRA PRADESH, REP BY ITS PRI., SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT, RAYACHOTY, ANDHRA PRADESH. 4.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY, ANDHRA PRADESH. 5.THE REVENUE DIVISIONAL OFFICER, MADANAPALLE REVENUE DIVISION, MADANAPALLE, ANNAMAYYA DISTRICT, ANDHRA PRADESH. 6.THE TAHSILDAR, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT, ANDHRA PRADESH. 7.THE MADANAPALLE MUNICIPALITY, REP BY ITS COMMISSIONER MADANAPALLE, ANNAMAYYA DISTRICT, ANDHRA PRADESH. 8.THE INSPECTOR'OF POLICE, TRAFFIC WING MADANAPALLE, ANNAMAYYA DISTRICT, ANDHRA PRADESH. 9.THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, MADANAPALLE, ANNAMAYYA, DISTRICT, ANDHRA PRADESH. . ...RESPONDENT(S): AND
2 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 tomaybe pleased to issue a writ order of direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.
3 to 9 and their Staff in trying to evict/dispossess for the purpose of laying road or any other purpose in the Petitioners land (house sites) herein in an extent of Ac.0.10 cents in Sy.No.391-2 and in an extent of Ac.0.05 cents in Sy.No.276 belongs to the 1st Petitioner, in an extent of Ac.0.02 Vi cents or 121 Sq. Yards belongs to 2nd Petitioner herein and in an extent of Ac.0.23 cents in S.No.391-2, and in an extent of Ac.0.10 cents in Sy.No. 276 to the 3rd Petitioner herein, all the plots situated at B.K.Palle Village, Adjacent to SBI Colony, Madanapalle, Annamayya District, Andhra Pradesh without initiating any proceedings to acquire the land as per law, without sanction from any of the authorities concerned and without notice to the Petitioners herein, which is illegal, arbitrary and also against the Principal of Natural Justice and also against Article 21 and 300-A of the Constitution of India and consequently direct the Respondents herein not to dispossess the petitioners from their land for the formation of Road or any other purpose and pass such 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 may be pleased to direct the respondent 3 to 9 that not to dispossess the petitioners from their land for the formation of Road or any other purpose in an extent of Ac.0.10 cents in Sy.No.391-2 and in an extent of Ac.0.05 cents in Sy.No.276 belongs to the 1st Petitioner, in an extent of Ac.0.02 1/2 cents or 121 Sq.
Yards belongs to 2^^ Petitioner herein and in an extent of Ac.0.23 cents in S.No.391-2, and in an extent of Ac.0.10 cents in Sy.No. 276 to the 3rd Petitioner herein, all the plots situated at B.K.Palle Village, Adjacent to SBI Colony, Madanapalle, Annamayya District, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner(S):
1.SUBRAMANYAM DARABOINA Counsel for the Respondent(S):
1.GP FOR HOME 2.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following:
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.26249 of 2025
ORDER:
1. The petitioners are aggrieved by the action of the respondent authorities in trying to dispossess the petitioners from their property which was purchased by them wde registered sale deeds. The learned counsel for petitioners submits that the petitioners approached this Court when the respondent authorities tried to lay a road over the petitioners’ property without following due process of law. This Court in WP.No.36916 of 2018
directed the respondents therein not to lay a road in the petitioners’ property. 2. It is submitted that the said writ petition is still pending for consideration, however, the respondent authorities have now deployed JCBs and are laying the road and are trying to dispossess them in highhandedmanner. 3. Heard the learned counsel for petitioners and the learned standing counsel for respondent No.7 and the learned Assistant Government Pleader for other respondents. 4. Considering the submissions, the respondents are hereby directed not to dispossess the petitioners from their property. In event the petitioners’ property is required for the public purposes, such as expansion of road, for laying a road, the respondents would have to essentially follow the due process of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act.30 of 2013). It is also made clear that the respondents not to interfere with the
4 4 possession of the petitioners’ property and not to dispossess them from the property without following the due process of law. 5. With the above observation, the writ petition is disposed off without costs. 6. Pending miscellaneous petitions, if any, shall stand clc^sed. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR // ^ //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration and Urban Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent of Police, Annamayya District, Rayachoty, Andhra Pradesh. 4. The District Collector, Annamayya District, Rayachoty, Andhra Pradesh. 5. The Revenue Divisional Officer, Madanapalle Revenue Division, Madanapalle, Annamayya District, Andhra Pradesh. 6. The Tahsildar, Madanapalle Mandal, Annamayya District, Andhra Pradesh. 7. The Commissioner, Madanapalle Municipality, Madanapalle, Annamayya District, Andhra Pradesh.•-
8. The Inspector of Police, Traffic Wing Madanapalle, Annamayya District, Andhra Pradesh. 9. The Deputy Executive Engineer, Irrigation Department, Madanapalle, Annamayya, District, Andhra Pradesh. 10. One CC to Sri Subramanyam Daraboina Advocate [OPUC]
11. Two CCs to GP for Home High Court of Andhra Pradesh [OUT]
12. One CC to GP Muncipal Admnistration and Urban Development AP Advocate [OPUC]
13. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]
14. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT]
15. Two CCs to GP for Irrigation and Command Area Development Andhra Pradesh [OUT]
16.
One CC to G.Lakshmi Narayana, SC for Municipality [OPUC]
13. Two CD Copies MBT
HIGH COURT DATED:22/09/2025
ORDER WP NO. 26249 OF 2025 DISPOSING OF THE W.P WITHOUT COSTS