IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT. JUSTICE V.SUJATHA ^ WRIT PETITION NO: 1998 OF 2025 / Between: Vemula Yuktha Bhavanagna Sri, D/o. Ugandhar, Aged about 19 years, Occ: Student, R/o. D.No.5-42-B, 6/8‘^ lane, Brodipet, Guntur City, Guntur District. ...PETITIONER AND 1. The State of AP, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Represented by its Commissioner Guntur Municipal Corporation Office, Guntur, Guntur District. ...RESPONDENTS^ Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 in touching upon the Petitioners building situated at D.No.6-19-22/A, 14th land. Main Road, Arundalpet, Guntur City, Guntur District (Shop No 13 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the Petitioner to distress and issuing notice under section 146 The Andhra Pradesh Municipal Corporation Act, 1955 with wrong door number without following any of the procedure contemplated under law as nothing but illegal, erroneous, highhanded and violative of Article 14, 19(i)(g), 21 and 300 A of the Constitution of India and consequently direct the Respondent in e No.2 not to meddle with the Petitioners building situated at D.No.6- 19- 22/A, 14'*^ land. Main Road, Arundalpet, Guntur City, Guntur District (Shop No 13 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. lA NO: 1 OF 2025 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 Respondent no.2 not to meddle with the Petitioners peaceful possession and enjoyment of the building situated at D.No.6-19-22/A, 14*'^ land. Main Road, Arundalpet, Guntur City, Guntur District (Shop No: 13 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition. Counsel for the Petitioner: SRI A. K. KISHORE REDDY Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY The Court made the following: ORDER 1 APHC010036032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1998/2025 Between: Vemula Yuktha Bhavanagna Sri ...PETITIONER AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent{S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India .-i seeking the following relief: “....to issue a Writ or order or direction more particularlyone in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No. 2 in touching upon the Petitioner’s building situated at D.No. 6-19-22/A, 14‘^ land Main Road, Arundalpet, Guntur City, Guntur District (Shop No. 13 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the Petitioner to distress and issuing notice under section 146 The Andhra Pradesh Municipal Corporation Act, 1955 with wrong door number without following any of the procedure contemplated under law as nothing but Illegal erroneous highhanded and violative of Article 14, 19(l)(g), 21 and 300A of the Constitution of India and consequently direct the Respondent No.2 not to meddle with the Petitioner’s building situated at D.No.6-19-22/A, 14'^ land. Main Road, Arundalpet, Guntur City, Guntur District (Shop No. 13 given by Municipality) without following the procedure contempiated under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013...’’ 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for respondent No.2. The petitioner is the absolute owner and possessor of the house bearing Door No.6-19-22/A, 14^^^ lane, Arundalpet, Guntur City, Guntur District (Shop No.13 given by Municipality), where the petitioner is residing and carrying on his own business. While the matter being so, the respondents are intending to give markings to their shop for road widening purpose without following due process of law and without paying fair compensation to her. However, the case of the petitioner is also that the respondents have orally informed that they will give TDR certificate instead of fair compensation. 3. 3 0 Today, when the matter came up for hearing, Mr.A.S.C.Bose, learned Standing Counsel for respondent No.2, on instructions, informed this Court that they are intending to issue a notice under Section 146 of APMC Act, 4. 1955, to the petitioner and follow the procedure as contemplated under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955 as well as the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. In view of the same, instead of keeping the writ petition pending, the writ petition is disposed of directing the 2'^^ respondent not to interfere with the possession of the petitioner without following the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition 5. and Rehabilitation and Resettlement Act, 2013. With the above direction, the Writ Petition is disposed of. No costs. 6. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- SHAIK MOHD. RAF! ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of AP, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Guntur Municipal Corporation, Guntur Municipal Corporation Office, Guntur, Guntur District 3. One CC to Sri A. K. Kishore Reddy, Advocate [OPUC] 4. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 6. Three C.D. Copies. Cnr HIGH COURT DATED:28/01/2025 ORDER WP.No.1998 of 2025 g 19 FEB 2025 S ^ . Current Section . DISPOSING OF THE W.P WITHOUT COSTS