Dalavayi Venkata Ramana, v. The State of Andhra Pradesh,
WP/23595/2025 · 2025-09-24
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56418 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56418 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010465762025
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: 23595/2025 Between:
1. DALAVAYI VENKATA RAMANA,, S/O LATE VENKATESWARLU, AGED 55 YEARS, OCC BUSINESS, R/O D.NO.37-1-127, MASTAN DARGA, TRUNK ROAD, ONGOLE, PRAKASAM DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE MUNICIPAL CORPORATION OFFICE, OPP. CHURCH CENTER, ONGOLE. ...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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2ndRespondent in a) giving markings to petitioner's
-2- HN, J W.P.No.23595_2025 property, 96.7/9 sq. yards of land in T.S. No.447, D.No.37-1- 127, along with a RCC roof structure (1159 Sq.feet ground floor and 871 sq.feet First floor) with D.No.37-1-127, Assessment No. 1035002604, Ward No.19, Block 6, Trunk Road, Ongole namely Savit Electronics 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 pleased to direct the 2nd Respondent and its staff not to interfere with possession and enjoyment of petitioner over his property, 96.7/9 sq. yards of land in T.S. No.447, D.No.37- 1-127, along with a RCC roof structure (1159 Sq.feet ground floor and 871 sq.feet First floor) with D.No.37-1-127, Assessment No. 1035002604, Ward No.19, Block 6, Trunk Road, Ongole namely “Savit Electronics" in any manner including trespass, dispossession, demolition or blocking the ingress/egress from shops, or canvassing to stop the customers Counsel for the Petitioner:
1. PARUCHURI INDUMATHI Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
-3- HN, J W.P.No.23595_2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23595 OF 2025 ORDER:
1. The petitioner is aggrieved by the action of the 2ndRespondent in a) giving markings to petitioner's property, 96.7/9 sq.
yards of land in T.S. No.447, D.No.37-1- 127, along with a RCC roof structure (1159 Sq.feet ground floor and 871 sq.feet First floor) with D.No.37-1-127, Assessment No. 1035002604, Ward No.19, Block 6, Trunk Road, Ongole namely Savit Electronics, b) pressurizing the petitioner to accept TDR bonds by handing over the said proeprty to the 2nd respondent for proposed road widening of the Trunk Road from Church Centre to Keerthi Medical Shop to a width of 100 feet as per the Master Plan, and c) initiating steps to demolish the said property of the petitioner by dispossessing him from his land, without following the procedure under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as arbitrary and illegal. 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
-4- HN, J W.P.No.23595_2025 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. 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. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________ JUSTICE HARINATH.N Dt.25.09.2025 NKA
-5- HN, J W.P.No.23595_2025 638
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 23595 of 2025 Date: 25.09.2025
NKA