APHC010458672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23239/2025 Between: 1. MADDI VENKATA PULLAIAH, S/O NARASIMHA SWAMI (LATE), AGED ABOUT 39 YEARS, R/O FLAT NO, 501, BALAJI SANKAR VILLA, OPP. RATNAMAHAL THEATRE, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE MUNICIPAL CORPORATION OFFICE, OPP. CHURCH CENTER, ONGOLE. ...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 tomay be pleased to issue a Writ or order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in a) giving markings to -2- HN, J W.P.No.23239_2025 petitioners property i.e 29.6 sq. yards of land along v.dth a RCC G plus 1 Structure (266 sq. ft Ground floor, 194 sq. ft Ut floor) with D.No.45-1-170, Assessment No. 1035010186, T.S.No. 248 and 250 K.P Road, Ongole, Prakasam Districtb) pressurising the petitioner to accept TDR certificates by handing over the said property to the 2nd respondent for proposed road widening of the Trunk Road from Church Centre to Keerthi Medical Shop to a width of 100 feet as per the Master Plan, and c) initiating steps to dispossess petitioner from the land of said property by demolishing the structure without following the procedure under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 as illegal, arbitraiy, unconstitutional and consequently direct the Respondent No.2 not to interfere with the possession and ownership of Petitioner over his property without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and one pass such 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 may be pleased to direct the 2nd respondent and its staff not to interfere with possession enjoyment of petitioner over his property i.e 29.6 sq. yards of land along with a RCC G+1 Structure (266 sq. ft Ground floor, 194 sq. ft 1 1035010186, T.S.No. 248 & 250 K.P Road, Ongole, Prakasam St District in any manner including trespass, dispossession, demolition or blocking the ingress/ egress from property and pass such Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) -3- HN, J W.P.No.23239_2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23239 OF 2025 ORDER: 1. The present writ petition is filed seeking a declaration that the action of the 2nd respondent in a giving markings to petitioners property i.e.,29.6 sq. yards of land along v.dth a RCC G plus 1 Structure (266 sq. ft Ground floor, 194 sq. ft Ut floor) with D.No.45-1- 170, Assessment No. 1035010186, T.S.No. 248 and 250 K.P Road, Ongole, Prakasam Districtb) pressurising the petitioner to accept TDR certificates by handing over the said property to the 2nd respondent for proposed road widening of the Trunk Road from Church Centre to Keerthi Medical Shop to a width of 100 feet as per the Master Plan, and c) initiating steps to dispossess petitioner from the land of said property by demolishing the structure without following the procedure under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013, as arbitrary and illegal. 2. Heard the submissions of the learned counsel for the petitioner and the learned standing counsel for Ongole Municipal Corporation. 3. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this writ petition is squarely -4- HN, J W.P.No.23239_2025 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. 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. 5. 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. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.24.09.2025 NKA -5- HN, J W.P.No.23239_2025 329 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23239 of 2025 Date: 24.09.2025 NKA