1 HN, J W.P.No.31549_2025 APHC010609652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31549/2025 Between: 1. KONDETI VENKATESWARA RAO, S/O. VENKATA SUBBAIAH, D.NO. 9-143, PEDDAAUTAPALLI VILLAGE, UNGUTUR MANDAL, KRISHA DISTRICT. ...PETITIONER AND 1. THE STAE OF AP, REP BY ITS PRINCIPAL SECRETARY (MA AND UD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE VIJAYAWADA MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER. VIJAYAWADA, KRISHNA DISTRICT. 3. THE TAHSILDAR, VIJAYAWADA URBAN, NTR DISTRICT. 4. THE TOWN SURVEYOR, VIJAYAWADA MUNICIPAL CORPORATION, NTR DISTRICT, ...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 an order or direction or writ more particularly one in the nature of WRIT of MANDAMUS, to DECLARE the action of the 2nd respondent in not considering the petitioner's representation date 13-10-2025 in proper perspective to conduct of survey and to determine the compensation for the land lost by petitioner due to the laying of 100 feet road in the petitioners private property admeasuring an extent of Ac. 0-75 cents 2 HN, J W.P.No.31549_2025 situated in Sy.No. 463/1, Gunadala Village, within the limits of Vijayawada Municipal corporation limits, without issuing notice without following due process of law and without paying compensation as illegal, arbitrary, contrary to the provisions of the A.P. Metropolitan Regions and Urban Development Authority Act, 2016 Right to Fair Compensation and Transparency in Lard Acquisition, Rehabilitation and Resettlement Act, 2013 A.P. Building Rules, 2017 and the Greater Hyderabad Municipal Corporation Act, 1955 and violative of Article 14,21 and 300-A of the Constitution of India and consequently COMMAND the 2nd respondent to re-consider representation dated 13-10-2025, and conduct survey of petitioner land situated i.e., Gunadala village. Re-survey No. 463/1, area Ac.0-75 cents within the limits of Vijayawada Corporation, in the interest ofjustice 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 to consider the petitioner’s representation dated 13-10-2025 to conduct of survey and to determine the compensation for the land lost by petitioner due to the laying of 100 feet road in the petitioner’s private property admeasuring an extent of Ac. 0-75 cents situated in Sy.No. 463/1, Gunadala Village, within the limits of Vijayawada Municipal corporation limits and pass Counsel for the Petitioner: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE 3. S.V.S.S.SIVARAM SC For VMC 3 HN, J W.P.No.31549_2025 ORDER: 1. The petitioner is aggrieved by inaction on the part of the respondent authorities in granting TDR certificates for the portion of land that was affected in the road widening undertaken by the 2nd respondent. It is submitted that the 2nd respondent had laid a 100-feet road, and in the said process, the 2nd respondent ought to have initiated land acquisition proceedings before taking over the land petitioner’s land for public purposes. It is submitted that the petitioner is the owner of Ac.0.75 cents of land in Survey No.463/1, Gunadala Village, Vijayawada, which has been acquired from his wife by virtue of a registered will dated 06.02.2023. The said extent of land had earlier been gifted to the wife of the petitioner through a registered gift deed executed in the year 1970. It is submitted that the petitioner’s wife passed away on 05.03.2025, and thereafter, the will came into force. 2. It is submitted that a larger extent of the family property admeasuring Ac.1.25 cents surrounds the petitioner’s land, and certain portions of it were sold during the lifetime of the family members of the petitioner’s wife. It is submitted that though the petitioner’s land was taken by the 2nd respondent, the TDR bounds were not issued. 3. The learned counsel for the petitioner submits that the petitioner submitted a representation dated 13.10.2025 requesting the respondents to conduct a proper survey and determine the extent of land taken over for 4 HN, J W.P.No.31549_2025 road widening. It is submitted that the 2nd respondent has not acted upon the said representation. It is submitted that though an endorsement dated 26.10.2025 was issued calling upon the petitioner to submit a survey report, it is submitted that the petitioner does not have proper wherewithal for conducting such a survey, and on the contrary, the 2nd respondent has a dedicated survey wing within their office for conducting a survey as and when required. 4. The learned Standing counsel appearing for the 2nd respondent, however, submits that the petitioner would have to submit copies of all sale deeds executed either by the petitioner or during the lifetime of the petitioner’s wife and other family members, so as to determine the remaining extent of land left after such alienations, the extent of land in possession of the petitioner, and the exact extent of land affected due to road widening. 5. The learned counsel for the petitioner submits that the petitioner shall therefore furnish all relevant documents to enable the respondents to conduct the survey. Upon submission of an application by the petitioner for conducting a survey, along with copies of all link documents relating to the subject property and payment of the requisite fee, the 2nd respondent shall determine the extent of land belonging to the petitioner that was affected by the road widening. Subject to the petitioner executing a registered gift deed in respect of the affected portion, the 2nd respondent shall thereafter 5 HN, J W.P.No.31549_2025 consider the case of the petitioner for issuance of TDR certificates, on par with similarly situated other landlords. 6. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:21.11.2025 NKA 6 HN, J W.P.No.31549_2025 103 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31549 of 2025 Date: 21.11.2025 NKA