1 HN, J W.P.No.34227_2025 APHC010661592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34227/2025 Between: 1. MANDADAPU CHANDRA SEKHAR,, S/O ANANATHA RAMIAH, AGED ABOUT 60 YEARS, PRIVATE EMPOYEE, R/O FLAT NO 317, 3RD BLOCK 5TH FLOOR, VENKATA RAMANA ESTATES, OPP TO VIKAS RING ROAD, GUNTUR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAI SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT. SECRETARIAT BUILDING, , VELAGAPUDI, AMARAVATI. GUNTUR DISTRICT. 2. THE MUNICIPAL CORPORATION GUNTUR, REP. BY ITS MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION OFFICE. MAIN ROAD, GUNTUR. ...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 tomay be pleased to issue writ or direction particularly in the nature of mandamus or any other appropriate writ, declaring the action of the respondents in marking the premises of the petitioner and threatening to demolish the structures in D.No. 3-28-18/114, Main road Brundavan Gardens Guntur without issuing notice, without following the due process of law or following the procedure contemplated under sections 146 and 147 of Hyderabad Municipal Corporations Act 1955 the Right to fair compensation 2 HN, J W.P.No.34227_2025 and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 as illegal. arbitrary, and opposed to principles of law and natural justice and infringement of property right guaranteed under Article 300-A of constitution of India and consequently direct the respondent authorities to follow due process of law and pass such 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 direct the respondents herein not to interfere or demolish the structures in the premises bearing D.No. 3-28-18/114, Main road Brundavan Gardens Guntur belonging to the petitioner pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. P VIJAYA KIRAN Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.34227_2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of respondents in marking and threatening to demolish the structures of the petitioner’s premises. 2. It is submitted that the petitioner was not issued any notice by the 2nd respondent before the 2nd respondent came over to the petitioner’s property and endorsed the extent of land which would be affected in the proposed road widening. It is further submitted that in the event the 2nd respondent intends to acquire any portion of the property, the 2nd respondent would have to follow the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Sri A.S.C. Bose, the learned Standing Counsel appearing for the 2nd respondent, submits that this Court considered W.P.No.32329 of 2025 and disposed of the same on 20.11.2025 by directing the respondents therein to follow the procedure contemplated under Section 146 of the Municipal Corporation Act. In the present case, it is submitted that no notice was issued to the petitioner before the 2nd respondent proposed to mark the petitioner’s property. 4. Accordingly, this writ petition is disposed of at the admission stage directing the 2nd respondent not to dispossess the petitioner from his property without following due process of law. It is made clear that if any 4 HN, J W.P.No.34227_2025 extent of land is affected for the purpose of road widening/public purpose, the 2nd respondent would have to indicate the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or propose any other acceptable proposal to the petitioner. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:09.12.2025 NKA 5 HN, J W.P.No.34227_2025 240 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34227 of 2025 Date: 09.12.2025 NKA