APHC010713172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36488/2025 Between: 1. PERLA VENKATESWARLU, S/O. RADHAKRISHNAIAH, AGED ABOUT 61 YEARS, R/O 23-1-238, GANDHI ROAD ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.-522237 2. THE ONGOLE MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, ONGOLE, PRAKASAM DISTRICT.-523001 ...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 an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondents in marking the Petitioner's property bearing Door No. 37-1-54 (T.S. No. 96), Trunk Road, Ongole, for demolition/road widening without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as illegal, arbitrary, violative of Articles 14, 21, and 300-A of the Constitution of India and contrary to the principles of natural justiceand Consequentlydirect the Respondents not to interfere with the Petitioners 2 peaceful possession and enjoyment of the subject property or demolish the same until the land is lawfully acquired by paying compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, considering the Petitioner's rejection of TDR Bonds vide reply dated 23-12-2025 and pass 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 Respondents and their agents, servants, or any person claiming through them, from interfering with the Petitioners possession or taking any coercive steps, including demolition of the property situated at Door No. 37-1-54 (T.S. No. 96), Trunk Road, Ongole, Prakasam District, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SHAIK ASIF Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER: The petitioner is aggrieved by the unilateral action of the 2nd respondent authority in holding out threats of demolition and dispossession of the petitioner from his property. 2. It is submitted that the 2nd respondent in order to widen the road, intends to dispossess the petitioner vide notice dated 29.11.2025, calling upon the petitioner to execute a registered gift deed and also express consent for accepting the TDR bonds at 1:4 ratio for the land surrendered by the petitioner. The petitioner was also called upon to submit the copies of the registered sale deed, link documents, Aadhar Card photo copy, PAN Card photo copy and other documents to the 2nd respondent for determining the eligibility for grant of compensation/ TDR bonds. 3. The learned counsel for the petitioner submits that under the guise of the said notice, the 2nd respondent intends to issue TDR bonds, which are not acceptable to the petitioner. 4. Sri A.S.C. Bose, the learned Standing Counsel appearing for the 2nd respondent on instructions submits that the petitioner was initially offered TDR bonds on par with the other land owners whose property is also affected in the road widening process. Now, that the petitioner expressed his unwillingness to accept TDR bonds, in view of his extent of land affected in the road widening. However, the respondent-authorities shall follow due process of law as laid down under the Right to Fair Compensation and Transparency in Land 4 Acquisition, Rehabilitation and Resettlement Act, 2013, if they intend to dispossess the petitioner from his property. 5. Recording the same, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 5 216 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.36488 of 2025 Date: 30.12.2025 SCH