APHC010500072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26600/2025 Between: 1. ADUSUMALLI JWALA CHARAN POOJITH, S/O. JWALA KOTESWARARAO AGED 26 YEARS OCC- BUSINESS, R/O. DR NO 20.29.502, GOPAL NAGAR, 4TH LINE, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE MUNICIPAL CORPORATION OFFICE, ONGOLE, PRAKASAM DISTRICT. 4. THE TOWN PLANNING OFFICER, ONGOLE MUNICIPAL CORPORATION, ONGOLE, PRAKASAM DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the notice issued by Respondent No. 3 vide Roc.No.3535/2025/G1, dated 15.07.2025 and in marking the 2 petitioners building property for demolition for the proposed widening of the road from Church Centre to Keerthi Medical Store, Ongole, covered by Town Survey No. 390, Door No. 37-1-261, Assessment No. 1035024866, Revenue Ward No. 26, Block No. 5, admeasuring 186 sq. feet with a two-storied building (372 sq. feet with a two-storied building (372 sq. feet), situated at Trunk Road, Ongole Corporation, Ongole Town, Prakasam District and without considering my objections dated 31.07.2025, the respondents insistence on accepting Transferable Development Rights (TDR) Bonds without following statutory procedures, as illegal, arbitrary, and violative of the Andhra Pradesh Municipalities Act, 1955, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), and Articles 14, 21, and 300A of the Constitution of India and consequently direct the respondents to refrain from taking any coercive action, including eviction or demolition of my said property, until fair compensation and rehabilitation measures are provided as per law and pass IA 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 may be pleased to suspend the operation of notice issued by Respondent No. 3 vide Roc.No.3535/2025/G1, dated 15.07 2025 and consequently direct the respondents not to take any coercive action, including eviction or demolition of my commercial building property bearing Door No. 37-1- 261, Assessment No. 1035024866, Revenue Ward No. 26, Block No. 5, constructed on an extent of 186 sq. feet with a two-storied building (372 sq. feet) in Survey No. 390, situated at Trunk Road, within the limits of Ongole Corporation, Ongole Town, Prakasam District, until fair compensation and rehabilitation measures are provided as per law, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. PAVAN KUMAR PASUPULETI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 ORDER:- 1. The present writ petition is filed seeking a declaration of the notice issued by Respondent No 3 vide Roc No 3535/2025/G1 dated 15.07.2025 and in marking the petitioners building property for demolition for the proposed widening of the road from Church Centre to Keerthi Medical Store Ongole covered by Town Survey No.390 Door No.37-1-26,1 Assessment No 1035024866, Revenue Ward No.26, Block No.5, admeasuring 186 sq feet with a two storied building 372 sq feet situated at Trunk Road Ongole Corporation, Ongole Town, Prakasam District, and without considering my objections dated 31.07.2025, the respondents insistence on accepting Transferable Development Rights TDR Bonds without following statutory procedures as illegal arbitrary and violative of the Andhra Pradesh Municipalities Act 1955 and the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 Central Act 30 of 2013 and Articles 14 21 and 300A of the Constitution of India and consequently direct the respondents to refrain from taking any coercive action including eviction or demolition of my said property until fair compensation and rehabilitation measures are provided as per law. 2. Heard the submissions of the learned counsel for the petitioner and the learned standing counsel for Ongole Municipal Corporation. 3. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this writ petition is squarely covered by 4 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. 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. 5. 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. 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N 25.09.2025 NKA 5 43 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26600 of 2025 Date: 25.09.2025 NKA