IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTY EIGHTH DAY OF APRIL |- TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10861 OF 2025 Between: 1. Gampla Sowmya, W/o.Gampala Suman, aged about 27 years, R/o. Mungamuru Village, Bogole Mandal, S.P.S.R.Nellore District. 2. Gonugunta Ramesh, S/o.Satyanarayana, aged about 44 years, R/o.D.No.6-4-17, Pothulurivari ■ Street, Kavali Town, Kavali Mandal, S.P.S.R. Nellore District. 3. Nallapa Reddy Venkata Bhargav Reddy, S/o.Late Ramana Reddy, aged about 33 years R/o.D.No.7-26-99/2, Vaikuntapuram, Kavali, S.P.S.R.Nellore District. 4. Kurisipati Ramesh, S/o.Raja Gopala Reddy, aged about 39 years, R/o.GNT Road, East Maddurupadu, Kavali, S.P.S.R.Nellore District. 5. Surgani Venkata Krishna, S/o.Ramesh, aged about 42 years, R/o.Adavirajupalem, Maddurupadu Kavali, S.P.S.R.Nellore District. 6. Gudupalli Subhashini, W/o.Gudupalli Srihari, aged about 39 years R/0“/\davifajupalm, Kavali, S.P.S.R.Nellore District. - — 7. Velamuri Sunder Ramireddy, S/o.late Narayana Reddy, Sarvabatlavari Street, Kavali, S.P.S.R.Nellore District. • L / ...Petitioners AND 1. The State Of Andhra Pradesh, Through the Principal Secretary Department of Municipal Administration and Urban Development Secretariat, Velagapudi, Amaravati, Guntur District. / 2. Kavali Municipality, Rep. by It's Municipal Commissioner, Kavali S.P.S.R.Nellore District. ...Respondents ^Petition under Article 226 of the Constitution of India is filed praying \ V that in"1he circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents particularly the above named 2 nd Respondent in interfering with the peaceful possession and enjoyment of the Petitioners land in Survey N0.6/1-IA of Kavali Town, SPSR Nellore District on the pretext that a proposal for acquisition is pending before the Government for construction of new Vegetable Wholesale Market is as arbitrary, illegal and violative of right to property guaranteed under Article.300-A of the Constitution of India apart from the A.P. Municipalities Act, 1965 and Rules there made under and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners above stated property. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 not to interfere with the possession and enjoyment of the land in Survey NO.6/1-1A of Kavali Town, SPSR Nellore district without following the due process of law. Counsel for the Petitioners :SRI. SAl GANGADHAR CHAMARTY Counsel for the Respondents: GP MUNCIPAL ADMN AND URBAN DEV Sri G.Lakshmi Narayana, Standing Counsel The Court made the following: APHC010185602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10861/2025 Between: ...PETITIONER{S) Gampla Sowmya and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1 .SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1.SC For Municipalities 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: % THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 10861 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in interfering with the peaceful possession and enjoyment of the Petitioners’ land in Sy.No.6/1-1A of Kavali Town, SPSR Nellore District on the ground that there is a proposal for acquisition of the subject property for construction of a new vegetabie wholesale market as arbitrary and illegal. 2. The Petitioners claim to be the owners of different extents of land as mentioned in tabular statement No.3 of the affidavit. While so, the Respondent Authorities vide Resolution No. 162, dated 05.03.2025 had resolved to acquire an extent of 0.13 cents in Sy.No.6/1-1A for the purpose of construction of a new wholesale vegetable market. In that context, the Petitioners were being restrained to enjoy their property as mentioned in the tabular statement. Hence, the present Writ Petition is filed. 3. Learned Standing Counsel passed on the instructions signed by the Commissioner, Kavali Municipality, dated 26.04.2025, wherein it mentioned that a proposal was made for construction of a new vegetable was 3 iTiarket and on verification of the cents of land at old trunk road i suitable for construction of Ac. 1.45 cents of identified Ac. 1.29 cents and Ac.0.03 balance extent of Ac.0.13 belonging to the Petitioners Acquisition Act, 2013. A land at Kavali Town - in Maddurupadu Water Tank Area a new wholesale vegetable market, land falls in Sy.No.193 part for an extent of Ac. 1.45 was found The said an extent of cents in Sy.No.223, total Ac.1.32 cents. The cents was coming under Sy.No.6/1-1A, which i and the same is to be acquired resolution bearing No. 162 IS as per Land dated 05.03.2025 was passed on 05.3.2025 by the Kavali that the process of land Municipality. It was further mentioned acquisition is under consideration by the District Collector, SPSR Nellore District. While so. some unauthorized margins of Magunta Adavarirajupalem Apartments in Kavali causing inconvenience and the road margin encroachments have Parvatamma trunk Municipality and these therefore, the Town encroachments. cropped up in the road road at encroachments Planning Officials have cleared were 4. It was categorically mentioned i Respondent Authorities have in the Written Instructions that not interfered with the and enjoyment of the Petitioner’s land in Sy.No.6/1-lA of SPSR Nellore District. the peaceful possession Kavali Town % 5. In view of the fact that there is no interference to the extent of the Petitioner’s land as stated above, this Court is of the opinion that the present Writ Petition can be disposed of with the following directions: i) The Respondent Authorities shall not interfere with the peaceful possession and enjoyment of the Petitioners in Sy.No.6/1-1A of Kavali Town, SPSR Nellore District subject land is acquired under the Land Acquisition Act, 2023. till the ii) There shall be no order as to costs. 6. With the above directions, the Writ Petition is disposed of. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTAI^ REGISTRAR SECrfeToFFICER 1. The Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Municipal Commissioner, Kavali Municipality, S.P.S.R.Nellore District.(1 & 2 by RPAD) 3. Oneccto SRI. SAI GANGADHAR CHAMARTY Advocate [OPUC] 4. Two CCS to GPMUNCIPALADMN AND URBAN DEV AP,High Court Of Andhra Pradesh. [OUT] //true copy// To, Kavali, Tliro/-» /”*r» HIGH COURT DATED:28/04/2025 ORDER WP.No.10861 of 2025 S( 0 8 SEP 2025 IS ''«£se4isas^^ DISPOSING THE WRIT PETITION WITHOUT COSTS