ThathaLilavathi @ Tata Lilavathi, v. The State of Andhra Pradesh,
WP/24738/2025 · 2025-09-14
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50203 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50203 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010486452025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24738/2025 Between: Thathalilavathi @ Tata Lilavathi, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. SASANKA BHUVANAGIRI Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
-2- W.P. No.24738 of 2025 Date of order:15.09.2025
THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24738 OF 2025
ORDER:
1. The present writ petition is filed seeking a declaration that the action of the 2nd respondent in marking the petitioners property, an extent of 120 sq. yards of land along with RCC G+2 structure with D.No.37-1-48, Assessment No.1035023861, in T.S. No.100, Trunk Road, Ongole, Prakasam District, for acquisition and pressuring the petitioners to accept TDR certificates in lieu of handing over the said portion of the property for road widening and further initiating steps to dispossess the petitioners from the property without following the due procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as arbitrary and illegal.
2. The learned counsel for the petitioners submits that the petitionersare the absolute owners of the subject property and are in joint possession, having acquired the same through registered sale deeds vide document Nos.2798/1985 & 2925/1985, dated 08.07.1985. The petitioners have been in continuous possession and enjoyment of the said property. It is
-3- W.P. No.24738 of 2025 Date of order:15.09.2025
further submitted that the Government approved the Ongole Municipal Corporation Master Plan and that the 2ndrespondent, in the month of July 2025, demarcated a portion of the petitioners’ property as affected under the scheme and served notice on the tenants of the premises and that the 2nd respondent has been insisting the petitioners to accept the TDR certificates and informed that demolition would be commenced shortly.
3. Heard the submissions of the learned counsel for the petitionerand the learned standing counsel for Ongole Municipal Corporation.
4. During the course of hearing, learned counsel for the petitioners 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 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- W.P. No.24738 of 2025 Date of order:15.09.2025
5. 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.
6. 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.
7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV