APHC010702092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36147/2025 Between: 1. MEDISETTY JAYA SRI, W/O MOHAN RAO (LATE), AGED ABOUT 61 YEARS, R/O 8-313/3, 3RD LANE NIRMAL NAGAR, ANJAIAH ROAD, ONGOLE, PRAKASAM DISTRICT. 2. MEDISETTY CHAITANYA,, D/O MOHAN RAO (LATE), AGED ABOUT 41 YEARS, R/O 8-313/3, 3RD LANE NIRMAL NAGAR, ANJAIAH ROAD, ONGOLE, PRAKASAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE MUNICIPAL CORPORATION OFFICE, OPP. CHURCH CENTRE, ONGOLE. 2 VS,J W.P.NO.36147 OF 2025 ...RESPONDENT(S): 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 topleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in a) giving markings to petitioners undivided coparcenary property i.e. 64 Sq. yards of land along with Ground floor structure with D. No 37-1-139, Assessment No. 1035011396, in T.S.No. 186, Trunk Road, Ongole, Prakasam District b) pressurising the petitioners to accept TDR certificates by handing over the said property including land and structure to the 2nd respondent for proposed road widening of the road from J.M.B Church Center to Old Market (Trunk Road) to a width of 80 feet in Phase-1 and c) initiating steps to dispossess petitioners from the land of said property by demolishing the structure without following the procedure under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 as illegal, arbitrary, unconstitutional and consequently direct the Respondent No.2 not to interfere with the possession and ownership of Petitioners over their property without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and pass IA NO: 1 OF 2025 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 pleased to direct the 2nd respondent and its staff not to interfere with possession enjoyment of petitioners over their undivided coparcenary property i.e 64 Sq. yards of land along with Ground floor structure with D. No 37-1-139, Assessment No. 1035011396,in T.S.No. 186, Trunk Road, Ongole, Prakasam District in any 3 VS,J W.P.NO.36147 OF 2025 manner including trespass, dispossession, demolition or blocking the ingress/ egress from properties and pass Counsel for the Petitioner(S): 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 VS,J W.P.NO.36147 OF 2025 ORDER: The present writ petition came to be 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 2nd respondent in a) giving markings to petitioners undivided coparcenary property i.e. 64 Sq. yards of land along with Ground floor structure with D. No.37-1-139, Assessment No.1035011396, in T.S.No.186, Trunk Road, Ongole, Prakasam District b) pressurizing the petitioners to accept TDR certificates by handing over the said property including land and structure to the 2nd respondent for proposed road widening of the road from J.M.B Church Center to Old Market (Trunk Road) to a width of 80 feet in Phase-1 and c) initiating steps to dispossess petitioners from the land of said property by demolishing the structure without following the procedure under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 as illegal, arbitrary, unconstitutional and consequently direct the Respondent No.2 not to interfere with the possession and ownership of Petitioners over their property without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ...” 2. Heard learned counsel for the petitioners and Mr.A.S.C.Bose, learned Standing Counsel for respondent No.2. 5 VS,J W.P.NO.36147 OF 2025 3. Learned Counsel for the Writ Petitioners submits that this case is squarely covered by a Common Order passed by the learned Single Judge of this Court in W.P.No.21175 of 2025 dated 09.09.2025. 4. Having perused the said Common Order passed by the learned Single Judge in W.P.No.21175 of 2025 dated 09.09.2025, and the facts in the present case, this Court is of the view that the present case is squarely covered by the said Common Order. The operative portion of the common order is extracted hereunder: “…the writ petition is disposed off directing the respondent authorities not to disturb the possession and enjoyment of the petitioner property without following due process of law, making it further clear that the respondent authorities shall have to follow the Act 30 of 13 while acquiring the land of the petitioner.….” 5. In view of the above extract, this case is also disposed of on the basis of the operative portion of the Common Order passed by the learned Single Judge in W.P.No.21175 of 2025 dated 09.09.2025. 6 VS,J W.P.NO.36147 OF 2025 6. Registry is directed to attach the copy of the order, dated 09.09.2025 passed by this Court in W.P. No.21175 of 2025 to this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 26.12.2025. LSP