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: 2740 OF 2025 Between: Bellamkonda Ramesh, S/o B. Krishna Murthy, aged about 61 years, R/o Flat No. 401, Green Park Apartment, 4^^ lane, Munuswamy Nagar, Nagaralu, 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 petitioners property i.e 19 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3, between 10 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 nd th and 11 th 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 the Respondent No.2 not to interfere with the possession and ownership of Petitioner over his property i.e 19 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3 between 10*'^ and 11 th 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 to direct the 2"*^ respondent and its staff not to interfere with possession enjoyment of petitioner over his property i.e 19 sq. yards of land along RCC roof structure bearing D.No.6-19-43/3, between lO**" and 11*^ lane, Arundelpet, Guntur City, 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 MUNCIPAL ADMN 7 URBAN DEV Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER 1 APHC010052012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2740/2025 Between: ...PETITIONER Bellamkonda Ramesh AND ...RESPONDENT{S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.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 particulariy 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., 19 sq.yards of land along with RCC roof structure bearing D. No. 6-19- 43/3 between 10‘^ and lf^ 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 the Respondent No.2 not to interfere with the possession and ownership of Petitioner over petitioner’s property 19 sq.yards of land along with RCC roof structure bearing D.No.6-19-43/3 between 1(f^ and If 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 ” lane. Heard learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for Guntur Municipal Corporation for 2. respondent No.2. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in Writ Petition is squarely covered by the 3. 3 order dated 22.01.2025 passed by this Court in W.P.No.1400 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: “....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.” 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 22.01.2025 passed by this Court in W.P.No.1400 of 2025. There shall be no order as to costs. 5. Registry is directed to attach the copy of the order, dated 22.01.2025 passed by this Court in W.P.No.1400 of 2025 to this order. No order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Commissioner, Guntur Municipal Corporation, Guntur Municipal Corporation Office, Opp: Gandhi Park, Lalapet, Guntur. 2. 3. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] 4. Two CCs to GP 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 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 MUNCIPALADMN AND URBAN DEVAP The Court made the following: HIGH COURT DATED:05/02/2025 ORDER WP.No.2740 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 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 particuiarly 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. 3 Today, when the matter came up for hearing, Mr.A.S.C.Bose, learned Standing Counsel for respondent No.2, on instructions, informed this Court 4. that they are intending to issue a notice under Section 146 of APMC Act, 19^55, 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. 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 5. 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