IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2221 OF ?n9f; AMARAVATI Between: aged about 60 years, R/o 0 - -211, 2nd line, Sri Nagar, Guntur, Guntur District. ...PETITIONER AND 1. The state of Andhra Pradesh, Represented by its Principal Secretary Municipal Administration Department and Urban Development buildings, Velagapudi, Amaravathi, Guntur 2. The Guntur Municipal Corporation, Rep. By its Commissioner, Guntur Municipal Corporation Office, 0pp. Gandhi Park, Lalapet, Guntur. ...RESPONDENTS Petition under Articie 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 in the nature of Writ of Mandamus declaring the respondent in a) giving markings to petitioners property i.e., 44.6 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3, between 10th and 11th lane, Arundelpet, Guntur City, Guntur District more particularly action of the 2nd one b) pressurising the petitioner to accept TDR certificates by handing over her property to the 2nd respondent for proposed road widening of the Main road from (D.R.B.R.Ambedkar Circle) to Hindu College Junction Lodge Center to a width of 120 feet per road development plan and c) initiating steps to demolish the as ✓ property of the petitioner without following the procedure under The Right To Fair Compensation And Rehabilitation And Transparency In Land Acquisition, Resettlement Act, 2013 illegal, arbitrary, unconstitutional and ^-qpp^equently direct the Respondent No.2 not to interfere with the as '' possession and ownership of Petitioner over her property i.e., 44.6 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3, between 10th and 11th lane, Arundelpet, Guntur City, Guntur District, 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 2"^^ respondent and its staff not to interfere with possession enjoyment of petitioner over her property i.e., 44.6 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3, between 10*^ and 1l'^ lane, Arundelpet, Guntur City, Guntur District in any manner including trespass, dispossession, demolition or blocking the ingress/ egress from shop, canvassing to stop the customers. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER APHC010041472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.2221 of 2025 Between: ...PETITIONER Tangella Kanaka Durga AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP MUNCIPALADMN. AND URBAN DEV. 2. A.S.C. BOSE, STANDING COUNSEL The Court made the following: 2 ✓ VS,J W.P.No.2221of2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "... to issue a Writ or order or direction more particuiariy one in the nature of Writ of Mandamus deciaring the action of the 2^^ respondent in a) giving markings to petitioner’s property i.e 44.6 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3, between id*’ and 11**' lane, Arundelpet, Guntur City, Guntur District, b) pressurising the petitioner to accept TDR certificates by handing over her property to the 2"** respondent for proposed road widening of the Main road from Lodge Center (DR. B.R.Ambedkar Circle) to Hindu College Junction to a width of 120 feet as per road development plan and c) initiating steps to demolish the property of the petitioner without following the procedure under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 as illegal, arbitrary, unconstitutional and consequently direct the Respondent No. 2 not to interfere with the possession and ownership of Petitioner over her property i.e. 44.6 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3, between id*' and 11**' lane, Arundelpet, Guntur City, Guntur District, without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.” Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development representing respondent No.1 and learned Standing Counsel representing respondent No.2-Corporation. 2. 3. The petitioner claims to be the absolute owner and possessor of the property admeasuring 44.6 square yards of land along with RCC roof structure bearing Door No.6-19-43/3 situated between 10*'' and 3 VS,J W.P.No.2221of 2025 11lane, Arundelpet, Guntur City and District, where the petitioner’s husband has been carrying on his own business. 4. While the matter stood thus, in the month of December, 2024, the staff of the 2'"'^ respondent-Corporation, for the purpose of road widening from Lodge Center (Dr. B.R.Ambedkar Circle) to Hindu College Junction, gave markings on the petitioner’s property to extent of 37.75 square yards and assigned Shop No.32, without following due process of law. Subsequently, a notice under Section 146 of the A.P.M.C. Act, 1955, dated 04.01.2025, was issued by the Corporation, requesting the petitioner to give consent for handing the portion of the property affected in the road widening and further informing that subject to eligibility, compensation by way of TDR Certificate would be issued. Aggrieved thereby, the petitioner has filed the present writ petition. an over 5. Today, when the matter is taken up for hearing, Mr. A.S.C. Bose, learned Standing Counsel for respondent No.2-Corporation, on instructions, submits that pursuant to the notice issued under Section 146 of APMC Act, 1955, the Corporation would 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, Rehabilitation and Resettlement Act, 2013. 4 VS,J W.P.IMo.2221of 2025 In view of the aforesaid submission and considering the facts 6. and circumstances of the case, instead of keeping the writ petition pending, this Court deems it appropriate to dispose of the writ petition at the admission stage, directing the 2^^ respondent-Corporation not to interfere with the possession of the petitioner over the subject property, without following the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. With the above direction, the Writ Petition stands disposed of. 7. No order as to costs. Interlocutory applications pending, if any, in this writ petition shall stand closed. Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Municipal Administration Department and Urban Development Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Guntur Municipal Corporation, Guntur Municipal Corporation Office, 0pp. Gandhi Park, Lalapet, Guntur. 3. One CC to Ms. Sasanka Bhuvanagiri Advocate [OPUC] 4. One CC to Sri A S C Bose, SC for Municipal Corporations, Advocate [OPUC] 5. Two CCs to GP for Muncipal Admn And Urban Dev, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF HIGH COURT DATED:30/01/2025 ORDER WP.No.2221 of 2025 /'o' •4 'S, DISPOSING OF THE W.P., WITHOUT COSTS