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2025 DAILYLAW 49367 (AP)

KOKKIRALA PRASADA RAO v. THE PRINCIPAL SECRETARY TO THE GOVERNMENT

WP/23585/2025 · 2025-09-24

Harinath N

body2025

Judgment text

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APHC010465792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23585/2025 Between: 1. KOKKIRALA PRASADA RAO, S/O LATE VENKATA SWAMY, AGED 70 YEARS, R/O D.NO.37-1-244/1, 0PP. MASTAN DARGA, TRUNK ROAD, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, 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, 0PP. 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 topleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in a) giving markings to petitioners property, 104 Sq.yds of land in T.S. No.361 358, D.No.37-1- 244/1, -2- HN, J W.P.No.23585_2025 along with a RCC roof structure (580 Sq.feet ground floor and 580 sq.feet First floor) with D.No.37-1-244/1, Assessment No. 1035016851, Ward No.5, Block No.6, Trunk Road, Ongole namely Venkateswara Electronics b) Initiating steps to demolish said property of the petitioner by dispossessing him from his land, without following the procedure under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary, 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 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 2 Respondent and its staff not to interfere with the possession and enjoyment of petitioner over his property, 104 Sq.yds of land in T.S. No.361 & 358, D.No.37-1-244/1, along with a RCC roof structure (580 Sq.feet ground floor and 580 sq.feet First floor) with D.No.37-1-244/1, Assessment No. 1035016851, Ward No.5, Block 6, Trunk Road, Ongole namely >Venkateswara Electronics? in any manner including trespass, dispossession, demolition blocking the ingress/egress from shops, or canvassing to stop the customers and pass s Counsel for the Petitioner: 1. PARUCHURI INDUMATHI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP -3- HN, J W.P.No.23585_2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23585 OF 2025 ORDER: 1. The petitioner is aggrieved by the action of the 2nd Respondent in a) giving markings to petitioners property, 104 Sq.yds of land in T.S. No.361 358, D.No.37-1- 244/1, along with a RCC roof structure (580 Sq.feet ground floor and 580 sq.feet First floor) with D.No.37-1-244/1, Assessment No. 1035016851, Ward No.5, Block No.6, Trunk Road, Ongole namely Venkateswara Electronics b) Initiating steps to demolish said property of the petitioner by dispossessing him from his land, 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 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 -4- HN, J W.P.No.23585_2025 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.25.09.2025 NKA -5- HN, J W.P.No.23585_2025 635 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23585 of 2025 Date: 25.09.2025 NKA