APHC010026242014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 40890/2014 Between: Shaik Jaffer, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K MURALIDHAR REDDY Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3. GP FOR ROADS BUILDINGS (AP) The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in interfering with peaceful possession and enjoyment of the country slab house of the Petitioner constructed in an extent of 1080 Square feet in the Ground Floor bearing Door No.2-63-A and RCC slab First Floor in an extent of 1080 Square Feet in two portions bearing Door Nos.2-63 B and 2-63 C situated in Main Road, Lakshmana Rao Palle, Atmakur Town Mandal, Sri Potti Sriramulu Nellore District by giving marking on the said and for demolition of the entire House for the purpose of Road widening without issuing any notice and without following due process of law in acquiring the said House under the provisions of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is arbitrary, unreasonable and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the country stab house of the Petitioner constructed in an extent of 1080 Square feet in the Ground Floor bearing Door No 2-63 A and RCC slab First Floor in an extent of 1080 Square Feet in two portions bearing Door Nos. 2-63 B and 2-63 C situated in Main Road, Lakshmana Rao Palle, Atmakur Town Mandal, Sri Potti Sriramulu Nellore District and to pass…” 2. The brief facts of the case are that the petitioner’s mother Smt. Mahaboob Bee Saheba had purchased land of an extent of Ac.0.06 cents or 36 Ankanams from one Pidikiti Venkata Sbbaiah through a registered sale deed dated 12.06.1967. Thereafter, the petitioner got land to an extent of Ac.0.15 Ankanams or 120 Square Yards as his share by way of a registered partition deed dated 05.08.2010. Thereafter, the petitioner constructed a country slab house in the Ground Floor to an extent of 1080 sft bearing No.2-69-A and later he had also constructed First Floor over the said ground floor and parted the same into two portions bearing Nos.2-63 B and 2-63 C. After completion of the said construction, the petitioner is residing in the portion bearing No.2-63 B in the first floor and leased out the portion No.2-63-A in the ground floor and also the portion No.2-63 C in the First floor. 3. While so, the Municipality authorities decided to widen the main roads in the Atmakur Town and so far as the main road, Lakshmana Rao Palle, where the building of the petitioner is situated the municipal authorities are planning to widen the road from 45 feet to 80 feet. In pursuance of the same, the respondent No.3 along with respondent Nos.4 & 5 visited the house of the petitioner and gave markings for widening the main road. As per the said markings, the substantial portion of the petitioner’s house will be affected and thereafter, the remaining portion of the house will not be suitable for residential purpose. As such, the respondent No.3 directed the petitioner to vacate from his house. The main grievance of the petitioner is that, the respondent officials without giving notices to the petitioner and other house owners, are trying to commence the road widening works. Aggrieved by the said inaction of the respondent authorities, the present writ petition is filed. 4. When the matter came up for admission on 30.12.2014, this Court was pleased to pass an interim order by directing the respondents not to interfere with the peaceful possession and enjoyment of the country slab house of the petitioner constructed in an extent of 1080 Square feet in the Ground Floor bearing Door No.2-63A and RCC slab First Floor in an extent of 1080 Square Feet in two portions bearing Door Nos.2-63B and 2-63C situated in Main Road, Lakshmana Rao Palle, Atmakur Town Mandal, Sri Potti Sriramulu Nellore District. 5. Respondent Nos.2, 4 & 5 filed a counter affidavit by duly admitting the facts as stated by the petitioner and further stated that the Nellorepalem- Atmakur road from Km.0/0 to 3/0 is a major district road leading to Somasila Dam and to the Pilgrim Centre of Penchalakona and is also connecting to National Highway Nos.67 and 567. Further, the stretch from KM.0/0 to 1/550 of the Nellorepalem-Atmakur road was already widened to 4 lane road. But, the remaining road at Atmakur town is narrow and due to which the problem of traffic congestion is being caused to the public. In that view of the matter, the Government has accorded administrative sanction for improvement of Nellorepalem-Atmakur road from KM.1/550 to 3/0 and for this purpose Rs.720.00 Lakhs were also been sanctioned vide G.O.Rt.No.1298 T, R & B (Roads VI) dated 07.12.2013. 6. It is further stated in the counter affidavit that the existing road ranges from 20 feet to 30 feet and for widening the said road to four (4) lane road, it has to be widened to 70 feet, for which the private land has to be acquired to some extent. As such, a letter vide No.1298/2013/NPA Road/LA/DEE/ATK, dated 05.02.2014, was addressed to the Revenue Divisional Officer, Atmakur, requesting for issuing necessary instructions to the Revenue Surveyor and also to the concerned staff to conduct a survey of the land on either side from KM.1/550 to 3/0 of the Atmakur Town for demarcating the Government land and also for furnishing the details of the private land that is needed for widening process. But, till date there is no response from the Revenue Divisional Officer, Atmakur and no instructions were issued till so far and no action was initiated for widening the road as alleged by the petitioner. It is further stated that if at all the need for acquiring the private land occurs; the respondents would follow the procedure as contemplated under Land Acquisition Act. 7. Heard Sri Muralidhar Reddy, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent No.1, learned Government Pleader Roads & Buildings appearing for the respondent Nos.2, 4 & 5 Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel appearing for the respondent No.3 and perused the material available on record. 8. Today when the matter came up for hearing, learned Standing Counsel appearing for the respondent No.3 has furnished a copy of instructions dated 06.01.2025, issued by the Commissioner, Atmakur Municipality, wherein it is stated that the stretch of the subject road belongs to R&B department where the petitioner’s house is located and further the Respondent-Municipality has not given any marking on the said properties and has also not initiated any road widening programme in the above stretch of the road. It is further stated in the instructions that if at all the respondent authorities are intending to widen the subject road; they will follow the due process law. 9. On a perusal of the instructions submitted by the learned Standing Counsel, it can be seen that the subject road where the petitioner’s house is located belongs to the R & B Department and till so far no work has been started for widening the said road and further it is stated that if at all the respondents are intending to widen the road, they would follow the due process of law. 10. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to interfere with the possession of the petitioner over the subject property without following due process of law. 11. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 08.01.2025 SRT 389 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.40890 of 2014 Date: 08.01.2025 SRT