APHC010387042021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23588/2021 Between: 1. B.GURU SWAMY,, S/O. LATE B.SOMANNA, AGED 70 YEARS, HINDU, MALE, RETD. EMPLOYEE, H.NO. 39/134, OSMANIA COLLEGE ROAD, VADDEGERI, KURNOOL 2. G.SREENIVASULU,, S/O. LATE G.RAMAGOVINDU,AGED ABOUT 52 YEARS, HINDU, MALE,EMPLOYEE IN NEW INDIA, H.NO. 39/24 AND 39/25,OSMANIA COLLEGE ROAD, VEDDEGERI, KURNOOL. 3. G.JAYADEV,, S/O. LATE G.RAMAGOVINDU,AGED ABOUT 51 YEARS, HINDU, MALE, LIVING BY FLOUR MIL, H.NO. 39/24,OSMANIA COLLEGE ROAD, VADDEGERI, KURNOOL 4. B.SWAMULU,, S/O. LATE B.SOMANNA, AGED ABOUT 65 YEARS, HINDU, MALE, OCCUPATION .NIL, H.NO. 39/135,VADDEGERI STREET, OSMANIA COLLEGE ROAD, KURNOOL. 5. MUCITHAR AHMED,, S/O KHAJA HUSSAIN, AGED ABOUT 62 YEARS, MUSLIM, MALE, LIVING BY TYPE INSTITUTE, H.NO. 34/77, CHHATHRIBAGH STREET, NEAR CHINNA MARKET, ONE TOWN, KURNOOL. 6. K.AMJAD HUSSAIN,, S/O. K.MASTHAN, AGED 50 YEARS, MUSLIM, MALE, LIVING BY MUTTON AND CHICKEN CENTRE, H.NO. 39/325, VADDEGERI, OSMANIA COLLEGE ROAD, KURNOOL. 7. G.VENKATESWARLU,, S/O. VENKATASWAMY, AGED 59 YEARS, HINDU, MALE, PRIVATE EMPLOYEE, H.NO. 39/109 AND 109A, VADDEGERI, OSMANIA COLLEGE ROAD, KURNOOL 2 8. A.SUBBA RAYUDU, , S/O.A.BAKTHAVATSALAM, AGED 72 YEARS, HINDU, MALE, OCCUPATION . NIL, H.NO. 39/84/36A, BAPUJI NAGAR, OSMANIA COLLEGE ROAD, KURNOOL. 9. G.PUSHPAVATHI, , W/O. LATE G.RAJU, AGED 55 YEARS, HINDU, FEMALE, HOUSE-WIFE, H.NO. 39/84/66, .BAPUJI NAGAR, OSMANIA COLLEGE ROAD, KURNOOL. 10. MOHAMMED SADIQ BASHA,, S/O. LATE MOHAMMED YOUSUF, AGED 37 YEARS, MUSLIM, MALE, .PHYSICALLY CHALLENGED (DEFF AND DUM), H.NO. 11-115-B, OSMANIA COLLEGE ROAD, KURNOOL. 11. S.MD.AZAM,, S/O. LATE S.FAKIR AHMED, AGED 57 YEARS, MUSLIM, MALE, LIVING BY BUSINESS, H.NO. 11/116, OSMANIA COLLEGE ROAD, KURNOOL. 12. S.AHMED HUSSAIN,, S/O. LATE ABDUL RASOOL, AGED 73 YEARS, MUSLIM, MALE, LIVING BY BUSINESS, H.NO. 11/103, OSMANIA COLLEGE ROAD, KURNOOL 13. B.CHINNANNA,, S/O. B.VENKATA RAMAPPA, AGED ABOUT 68 YEARS, HINDU, MALE, LIVING BY COOL DRINK SHOP, H.NO. 39/23A, OSMANIA COLLEGE ROAD, VADDEGERI, KURNOOL. 14. A.SUDHAKAR,, S/O. SREENIVASULU, AGED ABOUT 49 YEARS, HINDU, MALE, LIVING BY KIRANAM SHOP, S.NO. 39/22, VADDEGERI STREET, OSMANIA COLLEGE ROAD, KURNOOL 15. NAYAKA KRISHNA MURTHY,, S/O. LATE NAYAKA VENKATA SWAMY, AGED 51 YEARS, HINDU, MALE, WORKING AS PRIVATE SECURITY GUARD,H.NO. 39/79A, BAPUJI NAGAR, OSMANIA COLLEGE ROAD, KURNOOL 16. L.MASIUDDIN SARFARAZ,, S/O. LATE ABDUL KALAM ROSHAN BASHA, AGED 28 YEARS, MUSLIM, MALE, LIVING BY BUSINESS, H.NO. 11/15/15A, OSMANIA COLLEGE ROAD, KURNOOL. 17. SADHU KOUSHIK REDDY,, S/O. SADHU SHIVA KUMAR REDDY, AGED 27 YEARS, HINDU, MALE, PRIVATE EMPLOYEE, H.NO. 39/5A, VADDEGERI, OSMANIA COLLEGE ROAD, KURNOOL. 18. S.G.SOMANNA,, S/O. S.G.BASAPPA, AGED 55 YEARS, HINDU, MALE, OCCUPATION . NIL, H.NO. 39/79-A, VADDEGERI, PARK 3 ROAD, KURNOOL 19. SYED NIZAMUDDIN BOKHARI,, S/O. LATE SYED SADRUDDINBOKHARI, AGED 56 YEARS, MUSLIM, MALE, OCCUPATION . TAILORING, H.NO. 5/82 AND 5/83, OSMANIA COLLEGE ROAD, KURNOOL ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT., SECRETARIAT BUILDINGS,VELAGUPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE MUNICIPAL CORPORATION, OF KURNOOL REP. BY ITS COMMISSIONER, ...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 more particularly one in the nature of writ of mandamus or any other appropriate Writ declaring the action of respondents in proposing or proceeding to demolish the property of the petitioners without initiating any procedure under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as arbitrary, illegal and contrary to Law and violative of Articles 21 and 300-A of the Constitution of India and violative of principles of natural Justice. IA NO: 1 OF 2021 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 prayed that this Hon'ble Court may pass a consequential direction to the Respondents not to interfere with the rights of the petitioners herein over the properties mentioned in the affidavit situated on either side of the road leading from Peoples park (Kids World) to Hundri Bridge via Osmania Collegepending disposal of the above writ petition in the interests of justice IA NO: 2 OF 2021 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 4 pleased to extend the interim order granted on 08.10.2021 pending disposal of the Writ Petition and pass such order or orders Counsel for the Petitioner(S): 1. ALEKHYA REDDY TADASINA Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 5 Order:- Learned counsel appearing for the petitioners submits that the petitioners are aggrieved by the in-action on the part of respondents in granting compensation in terms of Right to Fair Compensation and Tansparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. The petitioners are residing in houses abetting the road from Peoples Park to Hundri Bridge in I Town. The 2nd respondent has been sending out their men, holding out threats of dispossessing the petitioners and notices dated 26.07.2021 were issued calling upon the petitioners to hand over the property and that the respondents shall consider the cases of the petitioners for grant of compensation. 3. It is submitted that the petitioners have no other means of livelihood and have been residing in the said houses for several years. 4. Learned Standing Counsel appearing for respondent No.2 submits that there was proposal for widening the road at that point of time and that as on date such proposal is shelved. As such, there is no threat of dispossession to the petitioners from the said property. 5. Recording the submissions, the Writ Petition is disposed of by making it clear to the respondents not to dispossess the petitioners from their property without following due process of law. It is also made clear that, in the event the 2nd respondent intends to widen the road and properties of the petitioners are required for public purposes, the respondents shall have to 6 essentially follow the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or provide any other acceptable alternative to the petitioners. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 03.12.2025 JLV