\ V 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: 4361 OF 2025 ANO Between: C. Bekkeswara Reddy, S/o Late C.Vengala Reddy, Age 60 years, Occ: Private Service, R/o.Flat No. 104, SMR Vinay Classic Hitech City, Kondapur, Hyderabad. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration and Urban Development (M) Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Kurnool Municipal Corporation, rep by its Commissioner, Kurnool Town and District. 3. The District Collector, Kurnool 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, Order or Direction(s)essentially in the nature of Writ of Mandamus declaring the action of the respondent No.2 in issuing Public Notice in Eenadu Daily Newspaper, dated 25.01.2025 vide Proceedings in Rc No.529094/2023/G1, dated 23.01.2025 and there by seeking to acquire my land in Sy No. 99/1 of Joharapuram Village, Kurnool Mandal and District for the purpose of formation/widening of 120 ft wide road from DamodaramSanjeevaiah Circle to S.S Gardens in Nandikotkur Road without following the procedure established by law as illegal, arbitrary and capricious resulting in violative of Article 14, 21 and 300-A of % the Constitution of India and consequently pray this Hon'ble Court to direct the respondents acquire the land and pay compensation as per the ^43.r©visiqnp of the Right to Fair Compensation and Transparency in Land Rehabilitation and Re-Settlement Act, 2013. ■f} * t^ NO: 10F 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 take over the petitioner’s land in Sy No.99/1, Joharapuram Village, Kurnool Mandal and District for the widening/formation of roads without following the procedure contemplated under the Right to Fair Compensation and Transparency Acquisition, Rehabilitation and Re-Settlement Act 2013. in Land Counsel for the Petitioner: SRI KARNAM RAMESH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: Ms. S. PRANATHI, STANDING COUNSEL Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER % APHC010077752025 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.4361 of 2025 Between: ...PETITIONER C. Bekkeswara Reddy AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.KARANAM RAMESH Counsel for the Respondent{S): 1. GP FOR REVENUE 2. GP FOR MUNCIPAL ADMN. & URBAN DEV. 3. MS. S. PRANATHI, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.4361of2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief; “..to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the action of the respondent No. 2 in issuing Public Notice in Eenadu Daily Newspaper, dated 25.01.2025 vide Proceedings in RC.NO.529094/2023/G1, dated 23.01.2025 and thereby seeking to acquire the petitioner’s land in Sy. No.99/1 of Joharapuram Village, Kurnool Mandal and District for the purpose of formation/widening of 120 ft. wide road from Damodaram Sanjeevaiah Circle to S.S. Gardens In Nandikotkur Road without following the procedure established by law as Illegal, arbitrary and capricious resulting in violative of Article 14, 21 and 300-A of the Constitution of India and consequently pray this Honble Court to direct the respondents to acquire the land and pay compensation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013.” Heard learned counsel for the petitioner, learned Government 2. Pleader for Municipal Administration & Urban Development representing respondent No.1, learned Standing Counsel representing respondent No.2 and learned Government Pleader for Revenue representing respondent No.3. During the course of hearing, it is submitted by the learned 3. 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 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 W.P.No.1400 of 2025 reads as under: passed 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 petitioner without following the procedure under the Right to Fair Compensation and Transparency /, Land Acquisition, Rehabilitation and Resettlement Act, 2013.” possession of the as contemptated in 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 writ petition shall stand closed. any, pending in this 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/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Municipal Administration and Urban Development (M) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. The Commissioner, Kurnool Municipal Corporation, Kurnool Town and District. The District Collector, Kurnool District. One CC to Sri Karnam Ramesh, Advocate [OPUC] 1. 2. 3. 4. 5. One CC to Ms. S. Pranathi, Standing Counsel[OPUC] Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] Three CD Copies. (Along with a copy of the order dated 22.01.2025 in W.P. No.1400 of 2025 to this order) 6. 7. 8. ssb HIGH COURT DATED:19/02/2025 ORDER anoh^ WP.No.4361 of 2025 r X 17 MAR 2025 S ^ Current section ^ DISPOSING OF THE W.P. WITHOUT COSTS 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: Gudipudi Anjani Kumari, ...PETITIONER AND The State of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner: 1.A K KISHORE REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 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 conseguently 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 ” 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. 2. 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. 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