IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2807 OF 2025 Between: Koganti Lavanya @ Jetti Lavanya, W/o Koganti Srinivasa Rao, aged about 50 years, R/o D.No.31-14-28/3, Akkula Tataiah Street, Anjaneyaswamy Temple, Machavaram, Vijayawada, NTR 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 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 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 may nd 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 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 as per road development plan and c) initiating steps to on main road, between demolish the said property of the petitioher without following the procedure Compensation And Transparency In Land And Resettlement Act, 2013 as illegal, arbitrary. under The Right To Fair Acquisition, Rehabilitation . - yunconstitutional and consequently direct the Respondent No.2 not to interfere with the possession and ownership of Petitioner over his property yards of land along RCC roof structure bearing D.No.6-19-41, and 12*" lane, Arundelpet, Guntur City, Guntur w -X " ' i.e"7’2.33 sq. th on main road, between 11 following the procedure contemplated under The Right to District, without Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. lA NO: 1 OF 2025 under Section 151 CPC praying that in the circumstances Petition stated in the affidavit filed in support of the petition, the High Court may be respondent and its staff not to interfere with pleased to direct the 2nd possession enjoyment of petitioner over his property i.e 72.33 sq. yards of RCC roof structure bearing D.No.6-19-41 on main road land along lane, Arundelpet, Guntur City, Guntur District in any th th and 12 between 11 manner including trespass, dispossession, demolition or blocking the ingress/ egress from shop, or canvassing to stop the customers. Counsel for the PetitioneriSRI. SASANKA BHUVANAGIRI Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI ASC BOSE, SC FOR MUNICIPAL CORPORATION The Court made the following ORDER: 1 APHC010052032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] a WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2807/2n2«i Between: Konganti Lavanya @ Jetti Lavanya ...PETITIONER AND The State of A.P. and others Counsel for the Petitioner: ...RESPONDENT(S) 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; r 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, betv\/een 11‘'^ and 12'^ lane, Arundelpet, Guntur City, Guntur District, b) pressurising the petitioner to accept TDR certificates by handing over petitioner’s 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 as illegal, arbitrary, unconstitutional and consequently direct Respondent No. 2 not to interfere with the petitioner’s possession and ownership over the 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 ” 2. Heard learned counsel for the petitioner and learned Government I Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for Guntur Municipal Corporation for respondent No.2. During the course of hearing, learned counsel for the petitioner would 3. submit that the issue involved in this Writ Petition is squarely covered by the -7 3 dated 22.01.2025 passed by this Court in W.P.No.1400 of 2025 and similar order in this Writ Petition also. The same is not order requested to pass a ina for the respondents. The operative disputed by the learned counsel appearing of the said order, reads as under; portion , instead of keeping the writ petition “ In view of the same pending, i/ia writ petition is d/epesed of directing IPe respondent not to interfere with the possession of the petitioher without following Fair and under the Right to in Land Acquisition contemplated the procedure Compensation Rehabilitation and Resettlement Act, 2013. as and Transparency the aforesaid order, this order, dated 22.01.2025 In view of the same, for the reasons alike in terms of the in W.P.No.1400 of 2025, There shail be no order as to 4. Writ Petition is also disposed of, in passed by this Court in costs. of the order, dated 22.01.2025 of 2025 to this order. No order as to Registry is directed to attach the copy W.P.No.1400 5. passed by this Court in costs. , in this Writ Petition shall stand Miscellaneous petitions pending, if any closed. SD/- K SRINIVASA RAJU assistant REGj^TRAR erfe^^FFICER //true copy// / . SE and Department To, Municipal Administration State of AP, Secretariat buildings Principal Secretary Development Department 1. The Urban , r— Office, opp. Gandhi Park, Lalapet, Gun uh iri. Advocate [OPUC] Corporation 3. One CC to Sri Sasanka Bhuvanagiri 4. One CC to Sri ASC Bose, SC FOR MUNICIPAL CORPORATION [OPUC] 5. Two CCs to GP for Muncipal Admn. & Urban Dev, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies (Along with the copy of the order dated 22.01.2025 in W.P. 1400 of 2025) PRK ! % HIGH COURT DATED:05/02/2025 ORDER WP.No.2807 of 2025 0" , I 0 <1 MAR 2f25 ^ . Current aeciwn ★> DISPOSING OF THE W.P., WITHOUT COSTS 1 i 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: Gudipudi Anjani Kumari, ...PETITIONER AND The State of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner: lAKKiSHORE REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Codrt 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 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. on f- 3 4. Today, when the nnatter came up for hearing, Mr.A.S.C.Bose, learned 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