IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4241 OF 2025 Between: Mandala Venkata Ramanaiah, S/o. Venkata Subbaiah, Aged about 62 years, Occ: Business, R/o. D.No. 7-11-204/1, Valluri Vari Thota, 5'" Lane, Guntur, Guntur District ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Represented by its Commissioner, Guntur Municipal Corporation Office, Guntur, Guntur District. ...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 Respondents herein particularly Respondent No.2 in touching upon the Petitioner's building situated at D.No.5-98-22, Brodipet, Guntur City, Guntur District (Shop No. 101 given by Municipality) and giving markings without having any right or authority high handedly 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.5-98-22,Brodipet, Guntur City, Guntur District (Shop No. 101 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 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 to direct the Respondent no.2 not to meddle With the Petitioners peaceful possession and enjoyment of the building situated at D.No.5-98- 22, Brodipet, Guntur City, Guntur District (Shop No. 101 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the above writ petition. Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC for MUNICIPALITIES The Court made the following order: APHC010074652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No.4241 of 2025 Between: ...PETITIONER Mandala Venkata Ramanaiah AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner: 1.A. K. KISHORE REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN. AND URBAN DEV. 2. A.S.C. BOSE, STANDING COUNSEL The Court made the following: V 2 VS,J W.P.No.4241of2025 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 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.5-98-22, Brodipet, Guntur City, Guntur District (Shop No. 101 given by Municipality) and giving markings without having any right or authority high handedly and subjecting the Petitioner to distress as nothing but illegal, erroneous, highhanded and violative of Article 14, 19(l)(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. 5-98-22, Brodipet, Guntur City, Guntur District (Shop No. 101 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.’’ 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. 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 petition is squarely covered by the order of this Court, dated 3. 3 VS,J W.P.No.4241 of 2025 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 i W.P.No.1400 of 2025 reads as under: in “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.” 5. In view of the above, this writ petition is also disposed of in 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// 1^SECTION OFFICER To, 1 The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Guntur Municipal Corporation, Guntur Municipal Corporation Office, Guntur, Guntur District. 3. One CC to Sri A K Kishore Reddy, Advocate [OPUC] 4. One CC to Sri A.S.C. Bose, SC for Municipalities [OPUC] 5. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] (Along^with^^copy^onhe order dated 22.01.2025 in WP.No.1400 of 2025) RAM HIGH COURT dated :19/02/2025 ^fANDH^ 'x 19 MAR 2025 ORDER WP.No.4241 of 2025 m Co ft^ . Current Section DISPOSING OF THE WP WITHOUT COSTS 1 % ^40. COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE TWENTY ^ OF JAN THOUSAND AND TWENTY FIVE PRESENT honourable smt justice v.sujatha WRIT PETITION NO: 1400/2025 APHC010025772025 IN THE HIGH [3333] 0?^ TWO THE Between: Gudipudi Anjani Kumari ...PETITIONER AND ...RESPONDENT(S) State of Andhra Pradesh and another Counsel for the Petitioner: 1.AKK1SHORE REDDY Counsel for the Respondent(S). MUNCIPAL ADMN AND URBAN DEV AP The Court made the following. The 1.GP 7 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 Respondents herein particuiarly 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 Municipaiity) and giving markings without having any right or authority highhandediy 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 iess 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 foilowing the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettiement 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. 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 case of the petitioner is also that the respondents have orally informed that they will give TDR certificate instead of fair compensation. 3. the 3 4. 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 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. 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. 5. 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