Bhatraju Satya Vani, v. The State of Andhra Pradesh
WP/2972/2025 · 2025-02-06
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5230 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5230 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2972 OF 2025 Between: Bhatraju Satya Vani, W/o. Late Bhatraju Venkata Lakshmi Narsimha Rao, aged 59 years, R/o 6‘^ Line, A.T.Agraharam, D.No.26-32-43, Guntur, Andhra Pradesh - 522004. ...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, 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 may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the notice bearing Roc No. 824346/2024/G1 dt. 04.01.2025, issued by 2"^^ Respondent as illegal and their prior action of marking upon the Petitioner's building situated at D.No.5-98-13/8, Main Road Brodipet, Guntur, Guntur District (No 92 given by Municipal Corporation) without having any right or authority highhandedly and subjecting the Petitioner to distress as illegal, erroneous, highhanded and violative to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 apart from violation of Articles 14, 16, 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.5-98-13/8 , Main Road Brodipet, Guntur, Guntur District :(No. 92 given by Municipal Corporation) 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 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.5-98-13/8, Main Road Brodipet, Guntur, Guntur District (No:92 given by Municipal Corporation) by way of demolition or otherwise, pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI SRAVAN KUMAR MANNAVA Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2:
SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER
APHC010043102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3333] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No.2972 of 2025 Between: Bhatraju Satya Van! ...PETITIONER AND The State of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner:
1.SRAVAN KUMAR MANNAVA Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN. AND URBAN DEV. 2. A.S.C. BOSE, STANDING COUNSEL The Court made the following:
2 VS,J W.P.No.2972of 2025
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 notice bearing Roc.No.824346/2024/ G1 dt. 04.01.2025 issued by 2"^ Respondent as iitegal and their prior action of marking upon the Petitioner’s buiiding situated at D.No.5-98-13/8, Main Road, Brodipet, Guntur, Guntur District (No:92 given by Municipai Corporation) without having any right or authority highhandediy and subjecting the Petitioner to distress as iliegai, erroneous, highhanded and violative to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 apart from violation of Articles 14, 16, 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.5-98-13/8, Main Road Brodipet, Guntur, Guntur District (No. 92 given by Municipal Corporation).’’
2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development representing respondent No.1 and Mr. A.S.C. Bose, learned Standing Counsel representing respondent No.2. During the course of hearing, it is submitted by the learned counsel for the petitioner and admitted by the learned Standing Counsel for respondent No.2 that the issue involved in this writ
3.
3 VS,J W.P.No.2972of 2025 petition is squarely covered by the
order of this Court, dated 22.01.2025, passed in W.P.No.1400 of 2025 and, hence, this writ petition may also be disposed of in terms of the said order.
4. Operative portion of the order dated 22.01.2025 passed in W.P.No.1400 of 2025 reads as under:
“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, Rehabilitation and Resettlement Act, 2013.”
5. In view of the above, this writ petition is also disposed of in terms of the order dated 22.01.2025 passed in W.P.No.1400 of 2025. No order as to costs.
6. As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed.
7. Registry is
directed to annex a copy of the
order dated 22.01.2025 passed in W.P.No.1400 of 2025, to this order.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. To,
2. The Commissioner, Guntur Municipal Corporation, Guntur Municipal Corporation Office, Guntur, Guntur District.
3. One CC to Sri Sravan Kumar Mannava, Advocate [OPUC]
4. Two CCs to GP Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT]
5. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC]
6. Three CD Copies. (Along with the Copy of the Order in WP.No.1400 of 2025, dated 22.01.2025) gi
HIGH COURT DATED:06/02/2025
ORDER WP.No.2972 of 2025 g 21 FEB 2025 g ^ . Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS