APHC010520422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27155/2024 Between: 1. SHAIK NOOR BASHA,, S/O. LATE S MASOOD SAB AGED ABOUT 57 YEARS, OCC-BUSINESS, D. NO- 6-2-295 K.K PARK VIEW APARTMENT NEAR NIMRAH MASJID KOVUR NAGAR ANANTAPUR, ANDHRA PRADESH - 515004. 2. B SHAIK SHANAZ BEGUM,, W/O. SHAIK NOOR BASHA AGED ABOUT 49 YEARS, OCC- HOUSEWIFE, D. NO- 6-2-295 K.K PARK VIEW APARTMENT NEAR NIMRAH MASJID KOVUR NAGAR ANANTAPUR, ANDHRA PRADESH - 515004 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE COMMISSIONER AND DIRECTOR MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, AMARAVATHI, GUNTUR DIST. 3. THE DISTRICT COLLECTOR, ANANTAPUR DISTRICT,ANANTAPUR. 4. THE ANANTHAPURAMU MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER ,ANANTAPUR. ...RESPONDENT(S): 2 HN, J W.P.No.27155_2024 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 tomay 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 4th respondent in not paying the compensation for the acquisition of the petitioners land of an extent 65.7 X 33 feet in plot Nos. 1, 2. and 3 in Sy. No. 88/3, located in Papampeta village, Anantapur from an extent of Ac. 0.23 Vz cents, And the action of the respondent above as illegal, arbitrary and contrary to the provisions of the is an arbitrary, unjust, colourable exercise of power, illegal, contrary to law and without following the due process of law and in violation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, violation of Article 14, 19, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to the compensation along with the interest from the date of acquisition, and pass IA NO: 1 OF 2024 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 respondent to consider the representations summitted in the year 2014, 2016 16.07.2018, 02.02.2019, 22.03.2022s, 04.08.2023 and 07-.08.2023, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. MUJTAHID HUSSAIN Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.27155_2024 ORDER: 1. The petitioner is aggrieved by the unilateral action of the respondent authorities in illegally laying a road by occupying the petitioner’s land, admeasuring an extent of Ac.65.7 X 33’ feet in Plot Nos.1, 2 and 3 in Survey No.88/3, Papampet Village, Anantapur, with a total extent of land being Ac.0.23 1/2 cents. 2. It is submitted that the petitioners were residing in Saudi Arabia and were not aware that the respondent authorities had initiated road widening activity. However, the petitioners recently noticed that their land had been illegally occupied by the respondent Nos.2 and 4, and a road was laid. 3. In this regard, the petitioner submitted several representations. Though the respondent authorities received several representations, they have not taken any action, nor have they issued any compensation for the illegally occupied property of the petitioner. 4. The learned Standing counsel appearing for the respondent No.4, on written instructions, submits that the petitioner has submitted a representation stating that a portion of the petitioner’s property was affected due to the road widening purposes, and a 33 feet CC road was laid by the 4th respondent. It is submitted that, except for submitting a representation, the petitioner has not submitted any documents regarding the title of the property. It is further 4 HN, J W.P.No.27155_2024 submitted that subject to the petitioner submitting the relevant documents, necessary orders shall be passed by the 4th respondent. 5. Considering the submissions, the writ petition is disposed off, leaving it open to the petitioner to submit a fresh representation along with all the documents regarding the title of the property. Respondent No.4 shall duly consider the same and pass appropriate orders within a period of eight (08) weeks from the date of the receipt of the representation. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 15.09.2025 NKA 5 HN, J W.P.No.27155_2024 204 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27155 of 2024 Date: 15.09.2025 NKA