IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28316 OF 2024 Between: Abdul Shukur, S/o Abdul Ravuff, Aged about 72 years, Occ Self employee, R/o D.No.4-5-31/12, Vidya Nagar, lane, beside Little Flower School, Chandramouli Nagar, Guntur, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Represented by its Commissioner Guntur Municipal Corporation. ...Respondents Ffetition 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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 in touching upon the Petitioners building situated at D.No.6-19-75, Arundalpet, Guntur, Guntur District (Shop No 52 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the Petitioner to distress as nothing but illegal, erroneous, highhanded and violative of Article 14, 19 (i) (g), 21 and 300 A of the Constitution of India and consequently direct the Respondents much less the Respondent No.2 not to meddle with the Petitioners building situated at D.No.6-19-75, Arundalpet, Guntur, Guntur District (Shop No 52 given by Municipality). lA 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 to direct the Respondent no.2 not to meddle with the Petitioner^ peaceful possession and enjoyment of the building situated at D.No.6-19- 75, Arundalpet, Guntur, Guntur District (Shop Municipality), pending disposal of the above writ petition. No: 52 given by Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC for MUNICIPALITIES The Court made the following order: 1 V APHC010541972024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28316/2024 Between: Abdul Shukur ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT{S) Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent{S): 1.A S 0 BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: / 2 ORDER: This Writ Petition is fried under Articie 226 of the Constitution of india seeking the following relief; “ to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 in touching upon the Petitioner’s building situated at D.No.6-19-75, Arundalpet, Guntur Guntur District (Shop No. 52 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the petitioner to distress as nothing but illegal, erroneous, highhanded and violative of Article 14, 19(i)(g), 21 and 300-A of the Constitution of India and consequently direct the Respondents much less the Respondent No.2 not to meddle with the petitioner’s building situated at D.No.6-19-75, Arundalpet, Guntur, Guntur District (Shop No. 52 given by Municipality) ” counsel for the petitioner, learned Government Pleader Administration and Urban Development for respondent No.1 and 2. Heard learned for Municipal learned Standing Counsel for respondent No.2. and possessor of the building Guntur, Guntur District (Shop No.52 given 3. The petitioner is the absolute owner bearing D.No.6-19-75, Arundalpet by Municipality) where the petitioner is residing and carrying on his own business. While the matter being so, the respondents are intending to give his shop for road widening purpose without following due process fair compensation to him. However, the case of the that the respondents have orally informed that they will give markings to of law and without paying petitioner is also TDR certificate instead of fair compensation. Today, when the matter came up for hearing, learned Standing Counsel 4. for respondent No.2, on instructions, informed this Court that they are intending to issue a notice under Section 146 of APMC Act, 1955, to the V 3 petitioner and follow the procedure as contemplated under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955 as well as the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. In view of the same, instead of keeping the writ petition pending, the writ petition is disposed of directing respondent No.2 not to interfere with the possession of the petitioner without following the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand Sd/- N. NAGAMMA ASSISTANT REGISTRAR 5. 6. closed. %■ ^SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration and Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2 The Commissioner, Guntur Municipal Corporation, Guntur Municipal ■ Corporation Office, Guntur, Guntur District. 3. One CC to Sri A K Kishore Reddy, Advocate [OPUC] 4. One CC to Sri A.S.C.Bose, SC for Municipalities [OPUC] 5. Two CCs to GP for Municipal Administration & Urban Development, High Court Of Andhra Pradesh. [OUT] 6. Two CD Copies RAM y high court DATED:31/01/2025 ORDER WP.No.28316 of 2024 o J/(iJ 7 a: 0 6 MAR 2025 cn oa Curront Section PATC ★ disposing of the wp WITHOUT COSTS