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: 2954 OF 2025 Between: Koganti Sandhya Rani @ Garikapati Sandhya Rani, W/o Koganti Yasodhar, aged about 43 years, R/o Flat No. 185, Udyoga Nagar, Near Gujjatiagundia Current Office, Guntur. ...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 Guntur Municipal Corporation, Rep. By its Commissioner, Guntur Municipal Corporation Office, 0pp. Gandhi Park, Lalapet, Guntur. ...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 action of the 2"^^ respondent in a) giving markings to petitioner’s property i.e 72.33 sq. yards of land along RCC roof structure bearing D.No.6-19-41, on main road, between 11'*^ and 12^^ 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 (D.R.B.R.Ambedkar Circle) to Hindu College Junction to a width of 120 feet nd as per road development plan and c) initiating steps to demolish the said 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, unconstitution al and consequently direct the Respondent No.2 not to interfere with the possession and ownership of Petitioner over his property i.e 72.33 sq. yards of land along RCC roof structure bearing D.No.6- 19-41, on main road, between 11*" and 12*" 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 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 his property i.e 72.33 sq. yards of land along RCC roof structure bearing D.No.6-19-41, on main road, between and 12*" lane, Arundelpet, Guntur District in any manner including trespass, dispossession, demolition or blocking the ingress/ egress from shop, or canvassing to stop the customers. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent No.1: GP MUNICIPAL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION th 11 The Court made the following: ORDER APHC010052052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No. 2954 of 2025 Between: Koganti Sandhya Rani @ Garikapati Sandhya Rani ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent{S): 1. GP MUNCIPAL ADMN. & URBAN DEV. 2. A.S.C. BOSE, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.2954 of 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 declaring the action of the 2^^ respondent in a) giving markings to petitioner’s property i.e. 72.33 sq. yards of land along RCC roof structure bearing D.No.6-19-41, on main road between 11^'^ and 12‘^ 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 said property of the petitioner without following the procedure under the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 illegal, arbitrary, unconstitutional and consequently direct the Respondent No.2 not to interfere with the possession and ownership of Petitioner over his property i.e. 72.33 sq. yards of land along RCC roof structure bearing D. No. 6-19-41 on main road between lf^ and 12!^ 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. ” as 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 2. 3. 3 VS,J W.P.No.2954 of 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.” nd in view of the above, this writ petition is also disposed of in 5. 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. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. V 2. The Commissioner, Guntur Municipal Corporation, Guntur Municipal Corporation Office, Opp; Gandhi Park, Lalapet, Guntur. 3. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] 4. Two CCs to GP for Municipal Admn & Urban Dev, 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 DATE0:06/02/2025 ORDER WP.No.2954 of 2025 2^ /a: 0 6 MAR 2025 m) Col Action -v. DISPOSING OF THE WRIT PETITION WITHOUT COSTS 'V 1 APHC010025772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1400/2025 Between: ...PETITIONER Gudipudi Anjani Kumari, AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No. 2 in touching upon the Petitioner’s building situated at D.No.6-19-38/2, Arundalpet, Guntur City, Guntur District (Shop No. 24 given by Municipality) and giving markings without having any right or authority highhandedly and subjecting the petitioner to distress as nothing but illegal, erroneous, highhanded and violative of Article 14, 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. 6-19-38/2, Arundalpet, Guntur City, Guntur District (Shop No. 24 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ” 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for respondent No.2. 3. The petitioner is the absolute owner and possessor of the house bearing Door No.6-19-38/2, Arundalpet, Guntur City, Guntur District (shop No.24 given by Municipality), where the petitioner is residing and carrying on his own business. While the matter being so, the respondents are intending to give markings to their shop for road widening purpose without following due process of law and without paying fair compensation to her. However, the case of the petitioner is also that the respondents have orally informed that they will give TDR certificate instead of fair compensation. '"v 3 4. Today, when the matter came up for hearing, Mr.A.S.C.Bose, learned f Standing Counsel for respondent No.2, on instructions, informed this Court that they are intending to issue a notice under Section 146 of APMC Act, 1955, to the petitioner and follow the procedure as contemplated under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955 much less the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 5. 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 and Rehabilitation and Resettlement Act, 2013. 6. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. JUSTICE V.SUJATHA Date: 22.01.2025 KGR