IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11280 OF 2025 i Between: Jasti Ramamohana Rao, S/o. Kutumba Rao, Aged about 79 years, R/o. (old D.No. 9-265) D.No.123-11-316, Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District ...PETITibNER AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Municipal Administration'^d Urban Development Department, Secretariat Buildings, Velagapudi, Amaravatbi, Guntur District. 2. The Guntur Municipal Corporation,; Rep 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 Responi^ent No.2 in touching upon the Petitioner's building situated at (old D.No. 9-265) D.No. 123-11- 316 of Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District and giving markings without having any right or authority highhandedly and subjecting the Petitioner to distress as nothing but illegal, erroneous, highhanded and violative of Article 14, 19(i)(g), 21 and 300 A of the Constitution of India and consequently direct the Respondents much less the Respondent No.2 not to & meddle with the Petitioner's building situated at (old D.No. 9-265) D.No.123- 11-316 of Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . lA 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 Respondent No.2 not to meddle with the Petitioner's peaceful possession and enjoyment of the building situated at (old D.No. 9- 265) D.No.123-11-316 of Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Counsel for the Petitioner: SRI. MD SALEEM w FOR MUNCIPAL aV^MN URBAN DEV Counsel for the Respondents: GP THE COURT MADE THE FOLLOWING ORDER: APHC010219272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11280/2025 Between: 1.JASTI RAMAMOHANA RAO, S/0. KUTUMBA RAO, AGED ABOUT 79 YEARS, R/0. (OLD D.NO. 9-265) D.NO.123-11-316, TARAKARAMA NAGAR, REVENUE WARD NO. 56, MPL ROAD, GUNTUR, GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARY, DEVELOPMENT VELAGAPUDI, AMARAVATBI, GUNTUR DISTRICT. REP BY ITS 2.THE GUNTUR MUNICIPAL CORPORATION COMMISSIONER, GUNTUR MUNICIPAL CORPORATION OFFICE GUNTUR, GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.MD SALEEM Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: r 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11280/2025 ORDER: The Writ Petition is filed to declare the action of the respondent No.2 in 1. touching upon the petitioner’s building situated at (old D.No.9-265) D.No.123-11-316of Tarakarama Nagar, Revenue Ward No.56, MPL Road, Guntur, Guntur District and giving markings without having any right, as illegal and arbitrary. 2. The learned counsel for the petitioner submits that the petitioner is the owner and possessor of house (old D.No.9-265) D.No. 123-11-316 of Tarakarama Nagar, Revenue Ward No.56, MPL Road, Guntur, Guntur The grievance of the petitioner is that the respondent No.2- District. authorities through his staff had given marking to the subject property and stated that property would be taken into possession for the purpose of road widening without issuing notification under the Act of 30 of 2013 or under Section 136, 147 of the Municipal Corporation Act, 1955, the respondents are high handedly interfering. 3. While hearing, both the counsels at the bar submit that the issue is covered by the order in W.P.No.1400 of 2025 dated 22.01.2025 wherein, the operative portion of the order is as under: “5. In view of the same, instead of keeping the writ petition pending, the writ petition is disposed of directing the respondent No.2 not to interfere with the possession of the 0-^ 3 petitioner 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. 4. Since the issue is similar and covered by the order of this Court Writ Petition is disposed of in terms of W.P.No.1400 of 2025, directing the respondents not to interfere with the possession of the petitioner property, without following due procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the niiscellaneous petitions, if any, shall stand closed. this Sd/- M PRABHAKAR RAO ~ REGISTRAR SEC'flON OFFICER ASSISTAl //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District.(SPECIAL MESSENGER) 2. The Commissioner, Guntur Municipal Corporation, Guntur Municipal Corporation Office, Guntur, Guntur District 3. One CC to SRI. MD SALEEM Advocate [OPUC] 4. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV ,High Court Of Andhra Pradesh. [OUT] 5. Three CD Copies HIGH COURT DATED:30/04/2025 ORDER WP.No.11280 of 2025 DISPOSING THE WRIT PETITION WITH NO COSTS