APHC010486382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24730/2025 Between: Balcha Rajesh Kumar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: -2- W.P. No.24730 of 2025 Date of order:15.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24730 OF 2025 ORDER: 1. The present writ petition is filed seeking a declaration that the action of the 2nd respondent in marking the petitioner’s property, an extent of 44.8 sq. yards of land along with RCC G+1 structure with D.No.37-1-59, Assessment No.1035031719, in T.S. Nos.68,69, Trunk Road, Ongole, Prakasam District, for acquisition and pressuring the petitioner to accept TDR certificates in lieu of handing over the said portion of the property for road widening and further initiating steps to dispossess the petitioner from the property without following the due procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as arbitrary and illegal. 2. The learned counsel for the petitioner submits that the petitioner is the absolute owner of the subject property, having acquired the same through a registered partition deed vide document No.182/2020, dated 09.01.2020, executed between the petitioner and his family members. The petitioner has been in continuous possession and enjoyment of the said property. It is further -3- W.P. No.24730 of 2025 Date of order:15.09.2025 submitted that the Government approved the Ongole Municipal Corporation Master Plan and that the 2nd respondent, in the month of August 2025, demarcated a portion of the petitioner’s property as affected under the scheme and served notice on the tenant of the premises and that the 2nd respondent has been insisting the petitioner to accept the TDR certificates and informed that demolition would be commenced shortly. 3. Heard the submissions of the learned counsel for the petitioner and the learned standing counsel for Ongole Municipal Corporation. 4. During the course of the hearing, the 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- W.P. No.24730 of 2025 Date of order:15.09.2025 5. 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. 6. 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. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV