APHC010698252015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3545/2015 Between: Puvvada Suseela, and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 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 marking on petitioners’ site and building properties admeasuring about Ac.2967 sq.feet in T.S.No.43, Block No.4 and Ongole Municipal ward number 3, bearing Door Nos.20-1-13/3/9, 20-1-13/3/10 and 20-1-13/13/9A of 2nd respondent municipal limits, for a portion thereof, for demolition for the purpose of road widening and insisting the petitioners to remove that portion of structure, without acquiring the properties and without paying compensation in accordance with law as illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice, provisions of Greater Hyderabad Municipal Corporations Act as is made applicable to 2nd respondent municipal corporation, rules framed there under and The Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and offends Articles 14, 21 and 300- A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from any portion of the said site and building properties…” 2. The case of the petitioners is that the petitioners are the owners of building properties admeasuring about Ac.2967 sq. feet in T.S.No.43, Block No.4 and Ongole Municipal ward number 3, bearing D.Nos.20-1-13/3/9, 20-1- 3 13/3/10 and 20-1-13/13/9A of 2nd respondent municipal limits, inherited from their ancestors. They have been paying taxes regularly. 3. While so, on 13.02.2015, the Municipal Commissioner in the process of road widening, has instructed the petitioners to vacate their building properties without any formal notice or compensation details. Hence, the present writ petition is filed. 4. When the matter came up for admission on 18.02.2015, this Court passed the following interim order: “….Sri A.Pandu Ranga RAo, learned Standing Counsel takes notice on behalf of 2nd respondent and seeks time to get instructions. Post after two weeks in motion list. Status quo obtaining as on today shall be maintained till then.” 5. Heard learned counsel for the petitioners and learned Standing counsel appearing for respondent No.2. 6. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2, on oral instructions, has informed this Court that in pursuance of the interim order dt.18.02.2015 granted by this Court, the respondents have not interfered with the petitioners’ building properties admeasuring about Ac.2967 sq. feet in T.S.No.43, Block No.4 and Ongole Municipal ward number 3, bearing D.Nos.20-1-13/3/9, 20-1-13/3/10 and 20-1- 4 13/13/9A and further stated that if at all they intend to interfere with the same, they will follow due process of law. 7. Recording the same, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioners over the scheduled property without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Dated: 19.02.2025 JLV 5 513 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3545 of 2015 Date: 19.02.2025 JLV