APHC010458692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23241/2025 Between: 1. TIRUNAGARI VENKATA RAMANAIAH SURI, S/O VENKATESWARLU. AGED ABOUT 68 YEARS, R/O 5-1-7-18, RAJAPANAGAL ROAD, 7TH CROSS STREET, OPP. GOSHA HOSPITAL, ONGOLE, PRAKASAM DISTRICT. 2. TIRUNAGARI VENKATA KRISHNA MURTHY,, S/O VENKATESWARLU. AGED ABOUT 58 YEARS, R/O 5-1-7- 18(A), RAJAPANAGAL ROAD, 7TH CROSS STREET, OPP. GOSHA HOSPITAL, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, 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 CENTER, ONGOLE. ...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 jointly owned properties i.e. (i) 15.9 sq. yards of land in T.S. No. 16, -2- HN, J W.P.No.23241_2025 along with a RCC, G plus 1 with D.No.23-01-110, Assessment No. 1035001957, Gandhi Road, Ongole, Prakasam district, and (ii) 16.6/9 sq. yards of land in T.S. No. 17, along with a RCC, G plus 1 with D.No.23-01-111 (Old.No. 23-01-211), Assessment No. 1035001959, Gandhi Road, Ongole, Prakasam district b) pressurising the petitioners to accept TDR certificates by handing over the said properties to the 2nd respondent for proposed road widening of the Trunk Road from Church Centre to Keerthi Medical Shop to a width of 100 feet as per the Master Plan, and c) initiating steps to demolish said jointly owned properties of the petitioners by dispossessing from the land, 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 the said properties 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 enjo5nnent of petitioners over their jointly owned properties i.e. (i) 15.9 sq. yards of land in T.S. No. 16, along with a RCC, G+1 with D.No.23-01-110, Assessment No. 1035001957, Gandhi Road, Ongole, Prakasam district, and (ii) 16.6/9 sq. yards of land in T.S. No. 17, along with a RCC, G+1 with D.No.23-01-111 (Old.No. 23-01-211), Assessment No. 1035001959, Gandhi Road, Ongole, Prakasam district, in any manner including trespass, dispossession, demolition or blocking the ingress/egress from shops, or canvassing to stop the customers and pass Counsel for the Petitioner(S): 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP -3- HN, J W.P.No.23241_2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23241 OF 2025 ORDER: 1. The present writ petition is filed seeking a declaration that the action of the 2nd respondent in a giving markings to petitioners jointly owned properties i.e., a) 15.9 sq yards of land in T.S.No.16, along with a RCC, G + 1 with D.No.23-01-110, Assessment No.1035001957, Gandhi Road, Ongole, Prakasam district, and b) 16 6/9 sq yards of land in T.S.No.17 along with a RCC G + 1 with D.No.23-01-111 (Old No.23-01-211) Assessment No.1035001959, Gandhi Road, Ongole Prakasam district, pressurizing the petitioners to accept TDR certificates by handing over the said properties to the 2nd respondent for proposed road widening of the Trunk Road from Church Centre to Keerthi Medical Shop to a width of 100 feet as per the Master Plan and c initiating steps to demolish said jointly owned properties of the petitioners by dispossessing from the land without following the procedure under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, as arbitrary and illegal. 2. Heard the submissions of the learned counsel for the petitioner and the learned standing counsel for Ongole Municipal Corporation. -4- HN, J W.P.No.23241_2025 3. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this writ petition is squarely covered by the order dated 08.09.2025 passed by this Court in W.P.No.21175 of 2025 and requested to pass a similar order in this writ petition also. The same is not disputed by the learned counsel appearing for the Respondents. The operative portion of the said order, reads as under: “….the writ petition is disposed off directing the respondent authorities not to disturb the possession and enjoyment of the petitioner’s 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.” 4. In view of the same, for the reasons alike in the aforesaid order, this writ petition is also disposed of, in terms of the order, dated 08.09.2025 passed by this Court in W.P.No.21175 of 2025. There shall be no order as to costs. 5. Registry is directed to annex a copy of the order in W.P. No.21175 of 2025 to the order in the present writ petition. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.24.09.2025 NKA -5- HN, J W.P.No.23241_2025 328 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23241 of 2025 Date: 24.09.2025 NKA