IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5240 DF 2025 K o if “c; & A/ Between: 1. Smt. Gurram Aruna Kumari., W/o. G. Punna Rao, Aged about 69 R/o D.No. 123-8-161, Tarakarama Nagar, Revenue Ward No. Road, Guntur, Guntur District. 2. Kadiyala Rama Rao,, S/o. Subbaiah D.No.123-34, Tarakarama Nagar, Revenue Ward No. Guntur, Guntur Distric years, 56, MPL Aged about 78 years, R/o 56, MPL Road, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur Municipal Corporation Office, Guntur, Guntur District. ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order direction more particularly one in the of the Respondents nature of WRIT OF MANDAMUS declaring the action herein particularly Respondent No.2 In touching upon the Petitioners building situated at D.No.123-8-161 and D.No.123-34, Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District and giving markings without having any right authority highhandedly and subjecting the Petitioners to distress as nothing but illegal, erroneous, highhanded and violative of Article 14, 19(i)(g), 21 India and consequently direct the Respondents and 300 A of the Constitution of much less the Respondent No.2 not to meddle with the Petitioners building situated at D.No.123-8-161 and D.No. 123-34, Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District without following the The Right to Fair Compensation and Transparency Rehabilitation and Resettlement Act 2013. procedure contemplated under in Land Acquisition, lA NO: 1 OF 2n7.q 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.123-8- 161 and D.No.123-34, Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District without following the procedure under The Right to Fair Compensation Acquisition, Rehabilitation and Resettlement Act the above writ petition. contemplated and Transparency in Land :, 2013 pending disposal of Counsel for the Petitioners: SRI SHAIK MEERAVALI Counsel for the Respondent No.1; GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2; SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following: ORDER APHC010103282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAyAT\ (Special Original Jurisdiction) [3333] FRIDAY .THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5240/2025 Between: ...PETITIONER(S) Smt. Gurram Aruna Kumari, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: r ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- . .to issue a Writ or order 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 Petitioners building situated at D.No. 123-8-161 and D.No.123-34, Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District and giving markings without having any right authority highhandedly and subjecting the Petitioners 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 Petitioners building situated at D.No. 123-8-161 and D.No.123-34, Tarakarama Nagar, Revenue Ward No. 56, MPL Road, Guntur, Guntur District without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to pass such...” \ i Aggrieved by the action of the respondent No.2 in interfering with the possession of the petitioners over the building situated at D.No.123-8- 161 and D.No.12-34, Tarakarama nagar, Revenue ward No.56, MPL road, Guntur and in giving markings without issuing any notice and without following any due process of law, the petitioners have filed the present writ petition. 2. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development and Mr. A.S.C. Bose, learned Standing Counsel for respondent No.2. 3. Today when the matter came up for hearing, learned Standing Counsel, on instructions, informed this Court that they are intending to issue a notice under Section 146 of APMC Act, 1955, to the petitioners and follow the procedure as contemplated under Sections 146 and 147 of the Hyderabad 4. f Municipal Corporation Act, 1955 much less the Right to Fair Compensation and Transparency in Land Acquisition and Rehabiliation 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 petitioners without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. as 6. Accordingly, with the above direction, this writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// 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 Shaik Meeravali, Advocate [OPUC] 4. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 5. Two CCs to GP for Municipal Administration and Urban Development Fligh Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED;28/02/2025 ORDER 0 ■* X 27 MAR 2025 . Current Section . WP.No.5240 of 2025 a DISPOSING OF THE W.P. WITHOUT COSTS