r 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: 2046 OF 2025 Between: Polu Eswaramma, W/o Sambasiva Reddy, Aged about 65 years, Occ: Housewife, R/o D.No.4-10-66 3rd Lane, Koritapadu Old Market Naidupeta, Chandramouli Nagar, Guntur City, Guntur District ...PETITIONER AND 1. The State 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 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.5-98-27, Brodipet, Guntur City, Guntur District (Shop.No. 105 given Municipality) and giving markings without having any right or authority highhandedly and subjecting the Petitioner to c^istress 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 Respondents much less the Respondent No.2 not to meddle with the Petitioners building situated at D.No,5-98-27, Brodipet, Guntur City, Guntur District (Shop.No. 105 aigiven Municipaiity) without foilowing the procedure contemplated under The Right to Fair Compensation Land Acquisition, Rehabilitation and Resettlerrient and Transparency in Act, 2013. IA NO: 1 OF 207.*; . 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 Petitioner's peaceful possession and enjoyment of the building situated at D.No.5-98- 27, Brodipet, Guntur City, Guntur District (Shop.No. 105 given Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Resettlement Act, 2013, pending disposal of the and above writ petition. Counsel for the Petitioner: SRI A. K. Counsel for the Respondent No.1: KISHORE REDDY GP MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SRI A.S.C.BOSE, SC FOR MUNICIPAL Counsel for the Respondent No.2: CORPORATIONS The Court made the following: ORDER v APHC010040032025 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: 2046/2025 Between: Polu Eswaramma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 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 MANDAMUS declaring the action of the nature of WRIT OF Respondents herein particularly Respondent No.2 in touching upon the Petitioner’s building situated at D. No. 5-98-27, Brodipet, Guntur City Guntur District (Shop No. 105 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the Petitioner to distress as nothing but illegal, highhanded and violative of Articles 14, 19(i)(g), 21 and 300-A oft e of India and consequently direct the Respondents much No.2 not to meddle with the Petitioner’s building Constitution less the Respondent situated at D,No,5-98-27, Brodipet, Guntur City, Guntur District (Shop No 105 given by Municipailty) without foliowing the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass ....” Heard learned counsel for the petitioner, iearned Government Pleader and Urban Development for respondent No.1 and 2. for Municipal Administration learned Standing Counsel for respondent No.2. of the house The petitioner is the absolute owner and possessor Guntur City, Guntur District (Shop No.105 3. bearing D.No.5-98-27, Brodipet, given by Municipality), where the petitioner is residing and carrying on her own the respondents are intending to give without following due business. While the matter being so markings to their shop for road widening purpose process of law and without paying case of the petitioner is also that the respondents have orally informed that fair compensation to her. However, the they will give TDR certificate instead of fair compensation. 3 Today, when the matter came up for hearing, learned Standing Counsel 4. for respondent No.2, on instructions, informed this Court that they are intending to issue a notice under Section 146 of APMC Act, 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 5. 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 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/- V SAVITHRI GOWRI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1 The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 2. The Commissioner, Guntur Municipal Corporation, Guntur, Guntur District 3. One CC to Sri A. K. Kishore Reddy, Advocate [OPUC] 4. One CC to Sri A.S.C.Bose, SC for Municipal Corporation[OPUC] 5. Two CCs to GP for Municipal Administration and Urban High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. Development, r* high court V ■ DATED;29/01/2025 ORDER '^PNo.2046 of 2025 1° 19 FEB 2025 ^ Current Section ^ disposing of the w.p. WITHOUT COSTS