IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2Q2« OF 2025 Between: 1. Vaka Brahmananda Reddy, S/o. Kotireddy, Aged about 62 years Occ- Retired Employee, R/o. Flat No. 501, Kanakadhara Residence, Pattabhipuram, D.R.M. Office Lane, Guntur City, Guntur District. 2. Vaka Lakshmi, VV/o. Vaka Brahmananda Reddy, Aged about 58 years Kanakadhara Residence! Pattabhipuram, D.R.M. Office Lane, Guntur City, Guntur District. ...Petitioners AND of Andhra Pradesh, 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 in 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.6-19-20, 15th lane. Main Road City, Guntur District (Shop No- 6 given by Municipality) and giving markings without having any right Petitioner to distress and issuing notice under section 146 The Andhra Pradesh Municipal Corporation Act, 1955 with following any of the procedure contemplated under law as nothing but Arundalpet, Guntur authority highhandedly and subjecting the or wrong door number without illegal, erroneous, highhanded and violative of Article 14, 19(i)(g) 300 A of the Constitution of India and consequently direct the Respondent No.2 not to meddle with the Petitioners building situated at D.No.6-19-20, 15th lane. Main Road, Arundalpet, Guntur City, Guntur District (Shop No- 6 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 21 and lA 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 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- 20, 15“^ lane. Main Road, Arundalpet, Guntur City, Guntur District (Shop 6 given by Municipality) without following the procedure contemplated The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition. No.- under Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC for MUNICIPALITIES The Court made the following order: APHC010037562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO; 2028/2025 Between: Vaka Brahmananda Reddy, and Others AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.AKKISHORE REDDY Counsel for the Respondent(S); 1.GP FOR MUNCIPAL ADMN URBAN DEV ...PETITIONER(S) ...RESPONDENT(S) The Court made the following: 2 ORDER: / This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a Writ or order or direction more particulariy one 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.6-19-20, 15'" lane, Main Road, Arundalpet, Guntur City, Guntur District (Shop No:6 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 of 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 Articles 14, 19(i)(g), 21 and 300-A of the Constitution of India and consequently direct the Respondent No. 2 not to meddle with the petitioner’s building situated at D.No.6-19-20, 15‘^ lane. Main Road, Arundalpet, Guntur City, Guntur District (Shop No. 6 given by Municipality) without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to and pass...” Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for respondent No.2. The petitioners are the absolute owners and possessors of the house bearing Door No.6-19-20, 15*^ lane. Main Road, Arundalpet, Guntur City, Guntur District (Shop No.6 given by Municipality), where the petitioners are residing and carrying on their 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 them. However, the case of the petitioners is also that the 2. 3. I I \ I N / I respondents have orally Informed that they will give TOR certificate instead of fair compensation. 4. Today, when the matter came up for hearing, learned Standing Counsel for respondent No.2 on instructions, informed this Court that they intending to issue a notice under Section 146 of APMC Act, are 1955, to the petitioners and follow the procedure as contemplated under Sections 147 of the Hyderabad Municipal Corporation Act, 1955 146 and as well as the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 5. 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 petitioners without following the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 6. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/- N NAGAMMA ASSISTANT^EGI^RAR SEcfrON OFFICER //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration Deyelopment Department, State of Andhra Pradesh Buildings, Velagapudi, Amaravathi, Guntur District Corporation, Guntur Municipal Corporation Office, Guntur, Guntur District ^ A 2*^® 22 ^ ^ Kishore Reddy, Advocate [OPUC] 4. One CC to Sri A.S.C. Bose, SC for Municipalities [OPUC] Municipal Administration and Urban Development High Court of Andhra Pradesh [OUT] m icm, 6. Two CD Copies and Urban Secretariat RAM HIGH COURT j DATED:29/01/2025 ORDER WP.No.2028 of 2025 * 1 2 FEB 2C?5 I . Current Section DISPOSING OF THE WP WITHOUT COSTS