APHC010605412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32853/2025 Between: 1. KOTRIKE VENKATESH TEJA, S/O K.MADHUSUDAN, AGED ABOUT 34 YEARS, R/O DOOR NO. 1-131, SRI NILAYAM, R.S. ROAD, GOOTY, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS (R AND B) DEPARTMENT (NATIONAL HIGHWAYS), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. KURNOOL MUNICIPAL CORPORATION, N.R.PETA, KURNOOL CITY, KURNOOL DISTRICT, REPRESENTED BY ITS COMMISSIONER. 4. EXECUTIVE ENGINEER R AND B, NH DIVISION, APRDC DIVISION, KURNOOL. ...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 to issue a Writ more particularly one in the nature of Writ of Mandamus a. Declaring the action of the Respondents herein in attempting. to 2 dispossess the Petitioner herein from the property located in Sy.No.117/3 in Joharapuram Village, Kurnool Mandal, Kurnool District to an extent of Ac.0.0486 Cents or 235.11 sq.yards, without paying the compensation and without following due process of law as being illegal, arbitrary, unjust violative of Principles of Natural Justice, violative of the GHMC Act, 1955 violative of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and violative of Articles 14, 21 and 300A of the Constitution of India b. Consequently direct the Respondents herein to not dispossess theb. Petitioner herein from the property located in Sy.No.117/3 in Joharapuram Village, Kurnool Mandal, Kurnool District to an extent of Ac.0.0486 Cents or 235.11 sq.yards, without paying the compensation and without following the procedure established by law and. c. 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 to direct the Respondents herein to not dispossess the Petitioner from the property in Sy.No.117/3 in Joharapuram Village, Kurnool Mandal, Kurnool District to an extent of Ac.0.0486 Cents or 235.11 sq.yards, pending disposal of the present Writ Petition and pass Counsel for the Petitioner: 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the respondents herein in attempting to dispossess the petitioner from the property located in Sy.No.117/3 in Joharapuram Village, Kurnool Mandal, Kurnool District, to an extent of Ac.0.0486 Cents or 235.11 sq. yards, without paying compensation and without following due process of law. 2. The learned Government Pleader appearing on behalf of the respondents, on written instructions, submits that the petitioner’s property is located on the roadside at Km. 8/0–200 and, as of now, the stretch from Km. 6/0 to Km. 8/350 has not yet been handed over by the Kurnool Municipal Corporation. As such, the Andhra Pradesh Road Development Corporation (APRDC) (NH) Department has not taken up the work within the Kurnool Municipal Limits. It is further submitted that in the event the petitioner’s property is required, the respondents shall follow the due process of law. 3. Recording the same, this writ petition is disposed of, making it clear to the respondent authorities not to dispossess the petitioner from his property without following due process of law. In any event, if the petitioner’s property is required for road widening or for any other public purpose, the respondent authorities shall invariably invoke the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or propose any other alternative acceptable to the petitioner. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 18.12.2025 PNS