APHC010561722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29001/2025 Between: 1. RAJA REDDY, S/O LATE V. KRISHNA REDDY, AGED ABOUT 47 YEARS, OCC BUSINESS, R/AT VALLIVEDU VILLAGE AND POST, PAKALA MANDAL, TIRUPATHI DISTRICT. 2. VIKRAM REDDY,, S/O LATE V. KRISHNA REDDY, AGED ABOUT 45 YEARS, OCC BUSINESS, R/AT VALLIVEDU VILLAGE AND POST, PAKALA MANDAL, TIRUPATHI DISTRICT. 3. LALITH REDDY,, S/O LATE V. KRISHNA REDDY, AGED ABOUT 40 YEARS, OCC BUSINESS, R/AT VALLIVEDU VILLAGE AND POST, PAKALA MANDAL, TIRUPATHI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REPT. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE CHITTOOR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CHITTOOR, CHITTOOR DISTRICT. 3. THE TOWN PLANNING OFFICER, THE CHITTOR MUNICIPAL CORPORATION, CHITTOOR, CHITTOOR DISTRICT. ...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 order or direction, more particularly one in the nature of Writ of Mandamus, declare the Notice NO.02/WPRS39/CTR/2025, dated.06-10-2025, issued by the 2ND Respondent under Section 405, 406 of the Flyderabad Municipal Corporation Act, 1955, for removing the alleged encroachments at D.Nos. 18-131 to 18-142 at Prakasam Highroad, Chittoor as illegal, arbitrary, high-handed and a violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents No.2 and 3 not to interfere and dispossess the Petitioners from the property to an Extent of 826 Sq.yards at D.Nos.18-131 to 18-142 and set aside the Impugned Notice dt.06-10-2025and 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 Respondents No.2 and 3 not to interfere and dispossess the Petitioners from the property to an Extent of 826 Sq.yards at D.Nos. 18-131 to 18-142 by suspending the Impugned Notice dt.06-10-2025 , Pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.29001 of 2025 ORDER: The petitioners are residing in the land abutting the main road, the respondent authorities are in the process of widening the road and have issued the impugned notice calling upon the petitioners to remove the alleged encroachment over the road margin. 2. It is submitted that similarly placed petitioners filed WP.No.37171 of 2017 and the petitioners’ father was also one of the petitioner in the said writ petition, where similar attempts were made by the respondent authorities in trying to evict the petitioners from their land for widening of the road without following the due process of law. 3. The learned single Judge of this Court disposed off the writ petition making it clear to the respondents not to dispossess the petitioners without following due process of law. The learned counsel for the petitioners submits that the 2nd respondent has devised a new method of evicting the petitioners and taking over the petitioners property by branding them as encroachers of the land. It is submitted that the petitioners are residing in the property within the boundaries of the title to which they have title over the property and they have not encroached on any property. 4. The learned standing counsel for the respondents 2 and 3 submits that the petitioners have encroached the road margin, as such, the impugned notice is issued. 5. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents 2 and 3 and perused the material on record. 6. Be that as it may the writ petition is disposed off directing the respondents not dispossess the petitioners from their property without following due process of law. It is also made clear that any effort for taking over the petitioner’s property for widening of the road or for any other public purposes, the respondent authorities would have to essentially follow the due process of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act30 of 2013). 7. Accordingly, the writ petition is disposed off without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.29001 of 2025 Dated 17.10.2025 KGM