IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATU (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12394 OF 2024 m V II s >i m V*' II \ r- v\ U ■f’) Between: Smt.Marella Lakshmi Rajam, W/o.Ranga Rao, “ Annavarapadu, Ongole-523001 Prakasam District, A.P.R/o. Dattatrya Colney ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Chief Secretary Municipal and Urban Development, Secretariat at Velagapudi Amaravathi, Guntur Dist. » ■ 2. The Collector and District Magistrate, Prakasam District, Ongole, A.P. 3. The Revenue Divisional Officer, Ongole, Prakasam District, A.P. 4. The Tahsildar, Ongole, Prakasam District, A.P. 5. Ongole Municipal Corporation, Rep by its Commissioner, Ongole Prakasam District, A.P. > » > ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or Direction may more particularly one in the nature of Mandamus, to direct the Collector and District Magistrate, Prakasam, Ongole and the R.D.O., Ongole to fix the Land present consequently to direct the Commissioner, Ongole Municipal Corporation, to pay the fixed price amount to the petitioner with 24% interest from 2018 to till the date of payment. cost lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay amount as per present market Value to petitioner pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI ALAPATI VIVEKANANDA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : SRI J. DILEEP KUMAR, SC FOR MUNICIPALITY The Court made the following: ORDER % APHC010224922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY .THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12394/2024 Between: Smt.marella Lakshmi Rajam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Alapati Vivekananda Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3.J DILEEP KUMAR The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.12394 of 2024 ORDER: 1. The present Writ Petition is filed seeking direction to the District Collector & District Magistrate, Prakasam District, Ongole and the Revenue Divisional Officer, Ongole to fix the land value of the Petitioner’s land in Sy.No.76/3 to an extent of 240 Sq. yards situated in Annavarapadu, Dattatreya Colony, Ongole Town and consequently direct the Commissioner, Ongole Municipal Corporation to pay the land value to the Petitioner with interest at 24% p.a from 2018 till the date of payment. 2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner had purchased house site of an extent of 240 Sq. yards in Sy.No.76/3 situated in Annavarapadu, Dattatreya Colony, Ongole Town, Prakasam District. While so, as there was no approach road to the SC and ST colony, which is adjacent to the house plot of the Petitioner, the residents of the said colony had approached the Respondent authorities requesting them to provide road through the house site of the Petitioner. Considering the said request, the Petitioner consented to give house site of an extent of 240 Sq. yards for the 2 purpose of laying road. Subsequent to the consent given by the Petitioner, a road was laid in the year 2018. The grievance of the Petitioner is that despite the road being laid in the year 2018 compensation has been paid till date. As the compensation was not being paid, the Petitioner made representations to the Respondent authorities from time to time, which were of no avail. no 3. The learned Standing Counsel for the Respondent- Corporation passed on the signed instructions of the Commissioner, Ongole Municipal Corporation stating that the property of the Petitioner used to lay a road to enable access to the residents of Dattatreya Colony, Ongole Town. It is further mentioned in the written instructions that the Respondent No.5 had initiated the land acquisition after taking approval from the Council as per Section 146 of the Andhra Pradesh Municipal Corporation Act, 1955 and the proposals forwarded to the District Collector & District Magistrate, Prakasam District, for fixing the market value as per Section 42(1) of Andhra Pradesh Municipalities Act, 1955. was process were 4. It is further stated that the Municipal Corporation would fix the market value as per the provisions prescribed under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pay compensation to the Petitioners 3 after taking approval from the Municipal Council and the whole process will take four months time. 5, Taking into consideration that there is no dispute regarding title of the Petitioner and the acquisition of house site of the Petitioner by negotiation, this Court deems it appropriate to dispose of the Writ Petition with the following directions: (i) The Respondent authorities shall pay compensation to the Petitioner within a period of four (4) months from the date of receipt of web copy of the order; (ii) The interest claimed on the compensation shall be paid as provided in the Act of 2013; (iii) No order as to costs. 6. Accordingly, the Writ Petition is disposed of, with the consent of both sides counsel, by placing the written instructions on record. As a sequel, pending applications, if any, shall stand closed. Sd/- A. VIJAYA Bi!VBU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// Y To. 1. The Principal Chief Secretary, Municipal and Urban Development, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravathi, Guntur Dist. 2. The Collector and District Magistrate, Prakasam District, Ongole, A.P. 3. The Revenue Divisional Officer, Ongole, Prakasam District, A.P. 4. The Tahsildar, Ongole, Prakasam District, A.P. 5. The Commissioner, Ongole Municipal Corporation, Ongole, Prakasam District, A.P. 6. One CC to Sri Alapati Vivekananda, Advocate [OPUC] 7. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri J. Dileep Kumar, SC for Municipaliy [OPUC] 10.Three C.D. Copies. Cnr HIGH COURT DATED:06/05/2025 ORDER WP.No.12394 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS