IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE AMARAVATI PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5163 OF Between; Koppuravuri Mallikarjuna Rao, S/o Srinivasa Rao Business, R/o. H.No.545, 2/2 Krishna Pattabhipuram, Guntur, Guntur District. Aged about 67 years, Occ; Nagar, 0pp. Vishnu Apartments, ...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 be pleased to Issue a Writ or order or direction may 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 Petitioners building situated at D.No. 6-19-15 & 6-19-16, Arundalpet, Guntur City, Guntur District (Shop No.4 & 5 given by Municipality) and giving markings without having any right or authority high handedly and subject!ng the Petitioner to ■p 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 Petitioners building situated at D.No. 6-19-15 and 6-19- 16, Arundalpet, Guntur City, Guntur District (Shop No.4 and 5 given by Municipality) without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. i lA NO: 1 OF 2025 Petition under Section ^5YcPC 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 Petitioner’s peaceful possession and enjoyment of the building situated at D.No. 6-19- 15 & 6-19-16, Arundalpet, Guntur City, Guntur District (Shop No.4 & 5 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. Counsel for the Petitioner: SRI. A K KISHORE REDDY n/ Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION The Court made the following order: 1 APHC010097112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5163/2025 Between: Koppuravuri Mallikarjuna Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following order: i:- 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5163/2025 ORDER: The Writ Petition is filed to declare the action of the respondent No.2 in 1. trying to interfere with the petitioner’s building situated at D.No.6-19-15& 6- 19-16, Arundalpet, Guntur, Guntur District, without following any procedure. as illegal, arbitrary and violative of the principles of natural justice. Consequently sought directions to the respondent No.2 to follow due procedure. 2. The learned counsel for the petitioner submits that the petitioner is the owner and possessor of house bearing No. D.N0.6-19-15& 6-19-16, Arundalpet, Guntur, Guntur District. The grievance of the petitioner is that the respondent No.2-authorities through his staff had given marking to the subject property and stated that property would be taken into possession for the purpose of road widening without issuing notification under the Act of 30 I \ of 2013 or under Section 136, 147 of the Municipal Corporation Act, 1955 the respondents are high handedly interfering. 3. While hearing, both the counsels at the bar submit that the issue is covered by the order in W.P.No.1400 of 2025 dated 22.01.2025 wherein, the operative portion of the order is as under: “5. In view of the same, instead of keeping the writ petition pending, the writ petition is disposed of directing the respondent No.2 not to interfere with the possession of the petitioner without following the procedure as contemplated under the Right to Fair Compensation and Transparency in =r:«--:Mv 3 Land Acquisition and Rehabiiitation and Resettlement Act, 2013. With the above direction, the Writ Petition is disposed of. No costs. 4. Since the issue is similar and covered by the order of this Court, this Writ Petition is disposed of in terms of W.P.No.1400 of 2025, directing the respondents not to interfere with the possession of the petitioner property, without following due procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGI^RAR //TRUE COPY// SECTON OFFICER To, ^ ' Municipal Administration and Urban BuildingTvelagard? Wavatht Guntu?Dis5nct^''''''’ 3. One CC to Sri A K Kishore 4. One CC to Sri A S C Bose SC for Municipal Corporation 5. Two CCs to GP Municipal Admin Pradesh [OUT] 6. Three CD Copies GSC Guntur Municipal Reddy Advocate [OPUC] [OPUC] and Urban Dev, High Court Of Andhra HIGH COURT DATED:04/03/2025 ORDER WP.No.5163 of 2025 * 0 8 APR 2025 ^ . Current Section *9 DISPOSING OF THE WP WITHOUT COSTS