IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1401 OF 2025 Between: Mattupalli Bhagya Lakshmi,, w/o Mattupalli Subba Rao, Aged about 68 years, Occ- Housewife, R/o D.No.6-5-50, 5*'^ lane, Arundalpet, Guntur City, 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 Office, Guntur, Guntur District. ...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 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^ building situated at D.No. 6-5-50, 5‘^ lane, Arundalpet, Guntur City, Guntur District (Shop No- 55 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. 6-5-50, 5th lane, Arundalpet, Guntur City, Guntur District (Shop No- 55 given by 4 Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. lA NO: 1 OF 202*; 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's peaceful possession and enjoyment of the building situated 50, 5'' lane, Arundalpet, Guntur City, Guntur District (Shop No; 55 given by Municipality) without following the procedure Right to Fair Compensati Rehabilitation and Resettlement Act, 2013 writ petition. at D.No. 6-5- contemplated under The and Transparency in Land Acquisition, pending disposal of the above on Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC for MUNICIPALITIES The Court made the following order: 1 4 APHC010025742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1401/2025 Between: ...PETITIONER Mattupalli Bhagya Lakshmi AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 <4 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: r- f "... to issue a Writ or order or direction more particulariy 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. 6-5-50, 5"’ iane, Arundalpet, Guntur City, Guntur District (Shop No. 55 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the petitioner to distress as nothing but iiiegal, erroneous, highhanded and violative of Articie 14, 19(i)(g), 21 and 300-A of the Constitution of India and consequentiy direct the Respondents much tess the Respondent No. 2 not to meddle with the petitioner’s building situated at D.No.6-5-50, 5"’ iane, Arundalpet, Guntur City, Guntur District (Shop No. 55 given by Municipality) without foliowing the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabiiitation and Resettlement Act, 2013 ” Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and 2. learned Standing Counsel for respondent No.2. The petitioner is the absolute owner and possessor of the house bearing Door No.6-5-50, 5"^ lane, Arundalpet, Guntur City, Guntur District (shop No.55 given by Municipality), where the petitioner is residing and carrying on her own business. While the matter being so, the respondentsare intending to give markings to their shop for road widening purpose without following due process of law and without paying fair compensation to her. However, the case of the petitioner is also that the respondents have orally 3. / ] informed that they will give TDR certificate instead of fair compensation. 3 4. Today, when the matter came up for hearing, Mr.A.S.C.Bose, learned Standing Counsel for respondent No.2, on instructions, informed this Court notice under Section 146 of APMC Act, that they are intending to issue a the petitioner and follow the procedure as contemplated under 1955, to 146 and 147 of the Hyderabad Municipal Corporation Act, 1955 Sections much less the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 5. In view of the same, instead of keeping the writ petition pending, the writ petition is disposed of directing the 2"^^ respondent not to interfere with the possession of the petitioner subject property without following the procedure contemplated under the Right to Fair Compensation and Transparency in as 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 6. closed. //TRUE COPY// sEcrnbNofficer To, Buildings, Velagapudi, Annaravathi, 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] , SC for Municipalities [OPUC] Municipal Administration and Urban Development 4. One CC to Sri A.S.C. Bose 5. Two CCs to GP for High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:22/01/2025 ORDER 'of ANOH^^ r WP.No.1401 of 2025 I 0 7 FEB 2025 .S ^ Current Section .lo DISPOSING OF THE WP WITHOUT COSTS