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: 2030 OF 2025 Between: Anand Sudhakar, S/o Radha Krishna Gupta, Aged about 69 years, Occ; Business, R/o D.No. 6-29-10, Amaravathi Road Near Brahmamgari Matam, Guntur City, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Municipal Adrninistration and Urban Development Department Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.’ ^ r 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 be pleased to issue a Writ may 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 Petitioner's building situated at D. no.6-19-15/1, between 15th fis 16th lane Arundalpet, Guntur City, Guntur District (Shop No.2 and 3 given by Municipality) and giving markings without having any right or authority highhandedly and as nothing but illegal. subjecting the Petitioner to distress erroneous, 'I9(i)(g), 21 and 300 A of the highhanded and violative of Article 14, Constitution of India and consequently direct the Respondents much less the Respondent No.2 not to meddle with the Petitioner's building situated at D.no.6-19-15/1, between 15‘^ & 16*^ lane Arundalpet, Guntur City, Guntur District (Shop No.2 & 3 procedure contemplated under The Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation 2013. given by Municipality) without following the and and Resettlement Act 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 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- 15/1, between IS'" & le'” lane, Arundalpet, Guntur City, Guntur District (Shop No.2 & 3 given by Municipality) without following contemplated under The Right to Fair Compensation and Transparency i Land Acquisition, Rehabilitation and Resettlement disposal of the above writ petition. may be the procedure m Act, 2013, pending 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: APHC010039932025 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: 2030/2025 Between; ...PETITIONER Tunuguntia Venkata Anand Sudhakar AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 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 particularly 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.6-19-15/1, between 15‘^ and 16’^ lane, Arundalpet, Guntur City, Guntur District (Shop Nos.2 and 3 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the Petitioner to distress 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 Respondents much less the Respondent No. 2 not to meddle with the Petitioner’s building situated at D.No.6- 19-15/1, between 15"" and 16'^ lane, Arundalpet, Guntur City, Guntur. District (Shop Nos.2 and 3 given by Municipality) without following 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, learned Government Pleader 2. for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for respondent No.2. The petitioner is the absolute owner and possessor of the house 3. i I bearing D.No.6-19-15/1, between 15'^ and 16*'^ lane, Arundalpet, Guntur City, f { « Guntur District (Shop Nos.2 and 3 given by Municipality), where the petitioner is residing and carrying on his 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 him. However, the case of the petitioner is also that the I I { 3 respondents have orally informed that they will give TDR 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, 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. are 5. In view of the same, instead of keeping the writ petition pending, the writ petition is disposed of directing the 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. Miscellaneous petitions pending, if any, in this Writ Petition shall stand 6. Jj closed. SDI- N NAGAMMA ASSISTANT REGISTRAR OFFICER //TRUE COPY// S f 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 Municipal Corporation Office, 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 Municipalities [OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:29/01/2025 ORDER ffx I 2 FEB 2025 | lyo ^ Current Section ^'siJlL^SrATC*5SS^^ S" WP.No.2030 of 2025 DISPOSING OF THE WP WITHOUT COSTS