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2025 DAILYLAW 5013 (AP)

SINGAREDDY MALLA REDDY v. THE STATE OF AP

WP/2050/2025 · 2025-01-29

V Sujatha

body2025

Judgment text

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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: 2050 OF 2025 Between: Singareddy Malla Reddy, S/o Singareddy Konda Reddy, Aged about 57 years, Occ Business, R/o H.No. 15-12-213/a, 2^^ Lane, Venkataraopeta, RTC Colony, 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, Rep. by its Commissioner, Guntur Municipal Corporation Office, Guntur ...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- 23, Brodipeta, Guntur City, Guntur District (Shop No. 101/A 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 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.5-98-23, Brodipeta, Guntur City, Guntur District (Shop No. 101/A 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 V 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- 23, Brodipeta, Guntur City, Guntur District (Shop No. 101/A 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 t: GP MUNCIPAL ADMN AND URBAN DEVAP Counsel for the Respondent No.2: SRI A S C BOSE, Standing Counsel The Court made the following: ORDER APHC010039902025 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: 2050/2025 Between: ...PETITIONER Singareddy Malla Reddy AND ...RESPONDENT The State Of Ap Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent: 1.GP MUNCIPAL ADMN AND URBAN DEV AP 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. 5-98-23, Brodipeta, Guntur City, Guntur District (Shop No. 101/A 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.5-98-23, Brodipeta, Guntur City, Guntur District (Shop No.lOI/A 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 ( bearing D.No.5-98-23, Brodipeta, Guntur City, Guntur District (Shop No.101/A ; c I 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 respondents have orally informed that they will give TDR certificate instead of fair compensation. 3 4. Today, when the matter came up for hearing, 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. In view of the same, instead of keeping the writ petition pending, the writ 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 Sd/- M PRABHAKAR RAO ASSISTANT RE^TRAR SECTON OFFICER 1 Tho Princioal Secretary The State of Andhra Pradesh Municipal Admii^stratfon and Urban Development Department, Secretariat 2 Guntur, Municipal A. Two CCS to GP for Municipal Admn and Urban Development AP, High Court of Andhra Pradesh [OUT] i moi in 5. One CC to SRI A S C BOSE, Standing Counsel [OPUC] 6. Three CD Copies 5. closed. //TRUE COPY// To, GTS HIGH COURT DATED:29/01/2025 ORDER WP.No.2050 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS