IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2023 OF 2025 > O fry Between: Bellamkonda Sarada, w/o Srinivasa Rao, Aged about 57 years, Occ; Housewife, R/o. D.No.6-19-43/A, 10th Lane, Arundalpet, Guntur City, Guntur District ...PETITIONER AND 1. The state of AP, Represented by its Principal Secretary, Municipal Administration and Urban Development Department Buildings, Velagapudi, Amaravathi, Guntur District 2. The Guntur Municipal Corporation, Represented by its Commissioner, Guntur Municipal Corporation Respondents Office District Secretariat Guntur, Guntur ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in the nature of Writ of Mandamus declaring the one action of the Respondents herein particularly Respondent No.2 in touching upon the Petitioner's building situated at D.no.6-19-^/A, 10th lane main road, Arundalpet, Guntur City, Guntur District (Shop No.35 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 Article 14, 19(i)(g), 21 and 300 A of the 4 Constitution of India and consequently the Respondents much less the Respondent Nb.2 not to meddle direct with the Petitioner's building situated at D.no.6-19-43/A, 10th lane Arundalpet" Guntur City, Guntur District (Shop No.35 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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.6-19-43/A, 10th lane, Arundalpet, Guntur City, Guntur District (Shop No.35 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition. Counsel for the Petitioner: SRI A K KISHORE REDDY , Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE (SC FOR \ MUNICIPALITIES) The Court made the following: ORDER 1 APHC010039982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2023/2025 Between: Bellamkonda Sarada ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.A K KISHORE 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 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.6-19-43/A, 10 lane, main road, Arundalpet, Guntur City, Guntur District (Shop No. 35 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 Article 14, 19(l)(g), 21 and 300 A of the Constitution of India and consequently the Respondents much less the Respondent No. 2 not to meddle direct with the Petitioners building situated at D.no.6-19-43/A, 10"^ lane, Arundalpet, Guntur City, Guntur District (Shop No. 35 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013..." th 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 bearing Door No.6-19-43/A, 10^^ lane, Arundalpet, Guntur City, Guntur District (Shop No.35 given by Municipality), where the petitioner is residing and 3. 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 her. However, the case of the petitioner is also that the respondents have orally informed that they will give TDR certificate instead of fair compensation. 3 4. Today, when the matter came up for hearing, Mr.A.S.C.Bose, learned Standing Counsel 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. 5. In view of the same, instead of keeping the writ petition pending 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. 6. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand the writ closed. SD/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Principal Secretary, Development Department Amaravathi, Guntur District ^^ntur Municipal Corporation ‘ Corporation Respondents 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, Advocate [OPUC] ^a°de^sh'[OUTr ^ 6. Three CD Copies Municipal AdminTslfation Secretariat Buildings, and Urban Velagapudi, Guntur Municipal Dev, High Court of Andhra TF HIGH COURT D;S,tEP:28/01/2025 ORDER WP.No.2023 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS