IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTYFOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5004 OF 2025 Between: Vulli Narayana, S/o. Vulli Srinivas Rao, aged about 55 years, Occ; Advocate R/o. Saptagiri Apartments, Phase -3, Padmaraonagar, Secunderabad. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Guntur Municipal Corporation, Rep 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 an order or direction or writ more particularly one in nature of Writ of MANDAMUS, declaring the action of the 2ND Respondent, earmarking the premises of the petitioner bearing Assessment No. 1021154809, situated at Adivitakkellapadu, Tarakarama Nagar, Revenue Ward No.56, M.P.L. Road, Guntur, Guntur District, for road widening, as illegal, arbitrary, unjust and violative of Article 14, 19 AND 300-A of the Constitution of India and Consequently direct the respondents to follow due process of Law as stipulated under the provisions of Right to Fair Compensation and Transparency in Land ^ ^qiiisition and Rehabilitation and Resettlement Act, 2013 or as per the -^-^ifljunicipaj Corporation Act / 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 pleased to Direct the 2"*^ respondent not to Demolish the premises of the bearing Assessment No. 1021154809, situated at Adivitakkellapadu , Tarakarama Nagar, Revenue Ward No.56, M.P.L. Road, Guntur, Guntur District of the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: SRI Y. KOTESWAR RAO / Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE, SC for Municipal Corporation The Court made the following: Order ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- ",. .to issue an order or direction or writ more particularly one in nature of Writ of MANDAMUS, declaring the action of the 2ND Respondent, earmarking the premises of the petitioner bearing Assessment No. 1021154809, situated at Adivitakkellapadu, Tarakarama Nagar, Revenue Ward No.56, M.P.L. Road, Guntur, Guntur District, for road widening, as illegal, arbitrary, unjust and violative of Article 14, 19 AND 300-A of the Constitution of India and Consequently direct the respondents to follow due process of Law as stipulated under the provisions of Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 or as per the Municipal Corporation Act, and pass...” 2. The brief facts of the case are that the mother of the petitioner herein has executed a gift settlement deed dated 28.05.2011 in his favour for the land admeasuring 90.66 square yards situated at Pedapalakalur village, Guntur district; subsequently, the petitioner herein has obtained permission from Grampanchayat of Adavitakkellapadu village and has constructed ground + 1 floor in the said land. 3. While the matter stood thus, the 2"'^ respondent, including the petitioner’s property, has started marking few properties for road widening without any land acquisition proceedings. Aggrieved by the action of the respondent authorities in marking the premises of the petitioner bearing . assessment No.1021154809, situated at Adivitakkellapadu, Tarakarama nagar, revenue ward No.56, M.P.. Road, Guntur, without issuing any notification under the provisions of the Land Acquisition Act or under the provisions of the Municipal Corporations Act, the present writ petition is filed. 4. Heard learned counsel for the petitioner and Sri. A.S.C. Bose, learned Standing Counsel for the 2'^'^ respondent 5. Today, when the writ petition came up for hearing, learned Standing Counsel has submitted that the land claimed by the petitioner is a Government property but however, they have not interfered with the petitioner’s possession over the said property. He further submitted that if at all they intend to interfere with the petitioner’s possession over the said property, they would follow due process of law. Admittedly, the petitioner is in possession and enjoyment of the subject property. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due law in view of the law declared by the Apex Court i L.R.s. V. M. Varadappa Naidu (Dead) by LRs^. 7. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing respondent authorities not to dispossess the petitioner from the bearing assessment No. 1021154809, Tarakarama nagar, revenue ward No.56, M.P.. following due process of law. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand Sd/- K. TATA RAO DEPUTY REGISTRAR 6. process of in Rame Gowda (dead) by the property situated at Adivitakkellapadu, Road, Guntur, without 8. closed. '2004(1) see 769 /? ^ //TRUE eOPY// SEeTlON OFFieER To Pradesh, Municipal Secretariat Buildings, Velagapudi, Amaravati, Guntur District. Municipal Corporation, Guntur Municipal 2. The Commissioner, Guntur r,. . Corporation Office, Guntur, Guntur District. KOTESWAR RAO Advocate [OPUC] ADMN URBAN DEV, High Court of 3. OneCCtoSRIY 4. Two CCS to GP FOR MUNCIPAL Andhra Pradesh [OUT] 5. Three CD Copies gsg ^ ' HIGH COURT DATED: 24/02/2025 ORDER WP.No.5004 of 2025 g 13 MAR 2025 W 6W ^ . Current Section . DISPOSING THE WP WITHOUT COSTS