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: 1404 OF 2025 V ■0 iSl ▲ Between: Mattupalli Venkata Saroja, w/o Nagaraja Venugopala Rao, Aged about 55 years, Occ; Housewife, R/o D.No.6-19-76,77, Between 5^^ and 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 Petitioners building situated at D.No.6-19-76,77, between 5th and 6th lane, Arundalpet, Guntur City, Guntur District (Shop Nos. 53 & 53A given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the Petitioner to distress and issuing notice under section 146 The Andhra Pradesh Municipal Corporation Act, 1955 with wrong door number without following any of the procedure contemplated under law nothing but illegal, erroneous, highhanded and violative of Article 14, ^9(1)(g), 21 and 300 A of the Constitution of India and consequently direct as r /' the Respondent No.2 not to meddle with the Petitioners building situated D.No.6- 19-76, 77, between 5th and 6th lane, Arundalpet, Guntur City Guntur District (Shop Nos 53 & 53A given by Municipality) without following the procedure contemplated under The Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation 2013. at and and Resettlement Act, jA NO: 1 OF 20?.^ Petition under Section 151 CPC stated in the affidavit filed i - pleased to direct the Respondent praying that in the circumstances in support of the petition, the High Court may be no.2 not to meddle with the Petitioners peaceful possession and enjoyment of the building situated at D No 6-19- 76. 77, between 5'^ and 6“ lane, Arundalpet, Guntur City, Guntur ' (Shop Nos: 53 & 53A given by Municipality) without following the contemplated under The Right to Fair Compensation and Transparency I and Resettlement Act, 2013 District procedure in Land Acquisition, Rehabilitation disposal of the above writ petition. pending Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL administration and URBAN DEVELOPMENT SRI A.S.C. BOSE, SC for MUNICIPALITIES Counsel for the Respondent No.2: The Court made the following order: 1 s APHC010025712025 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: 1404/2025 Between: ...PETITIONER Mattupalli Venkata Saroja AND ...RESPONDENT{S) The State of A.P. 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 % ORDER: This Writ Petition is filed under Article 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.6-19-76, 11 between 5 and lane, Arundalpet, Guntur City, Guntur District (Shop Nos. 53 and 53A given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the petitioner to distress and issuing notice under section 146 The Andhra Pradesh Municipal Corporation Act, 1955 with wrong door number without following any of the procedure contemplated under law as nothing but illegal, erroneous, highhanded and violative of Article 14, 19(1)(g), 21 and 300 A of the Constitution of India and consequently direct the Respondents No. 2 not to meddle with the Petitioner’s building, situated at D.No.6-19-16, 11, between 5'^ and i6^ lane, Arundalpet, Guntur City, Guntur District (Shop Nos. 53 and 53A given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ” ■th Heard learned counsel for the petitioner, learned Government Pleader 2. for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for respondent No.2. The petitioner is the absolute owner and possessor of the house bearing Door No.6-19-76, 77, between and 6^'^ lane, Arundalpet, Guntur 3. City, Guntur District (shop Nos.53 and 53A given by Municipality), where the petitioner is residing and carrying on his own business. While the matter being so, the respondents are intending to give markings to their shop for road widening purpose without following due process of law such as paying fair compensation to him. However, the case of the petitioner is also that the 3 respondents have orally informed that they will give TDR certificate instead of fair compensation. 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 4. that a notice under Section 146 of the APMC Act, 1955, was issued to the petitioner on 14.01.2025. He further submitted that the respondent authorities will follow due procedure as per the provisions of 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 5. petition is disposed of directing respondent No.2 not to interfere With the possession of the petitioner subject property 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. 6. Miscellaneous petitions pending, if any, in this Writ Petition shall stand Sd/- N. NAGAMMA ASSISTANT. REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban 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 and Urban Development, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies /* - ■> HIGH COURT DATED:22/01/2025 ORDER ANDS^ S 0 7 FEB 2025 ^ Current Section . ^ WP.No.1404 of 2025 ao Co DISPOSING OF THE WP WITHOUT COSTS