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2026 DAILYLAW 14700 (AP)

Jonnadula Vijaya Kumar v. The State of Andhra Pradesh

WP/623/2026 · 2026-01-06

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010010322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 623/2026 Between: 1. JONNADULA VIJAYA KUMAR, S/O LATE JONNADULA PARAMESU, AGED ABOUT 59 YEARS, RESIDENT OF D.NO. 8-347A, BHARGAVA PETA, REVENUE WARD NO. 5 (OLD WARD NO. 8), MANGALAGIRI, GUNTUR DISTRICT - 522503 ...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 TADEPALLI MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER MANGALAGIRI, GUNTUR DISTRICT 522 503 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR - 522 002 ...RESPONDENT(S): 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 appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 2nd Respondent and their subordinates in marking the Petitioner's property situated at D.No. 8-347 (New No. 8-347A), 8th Ward, Mangalagiri, Guntur District, pressurizing the Petitioners to accept TDR bonds, and taking steps to demolish the same 2 for road widening purposes without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Sections 146 and 147 of the Municipal Corporation Act, as illegal, arbitrary, highhanded, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently, direct the Respondents not to interfere with the Petitioners' peaceful possession and enjoyment of the schedule property and not to demolish any part of the said property, except by strictly adhering to the due process of law by initiating proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for payment of compensation IA NO: 1 OF 2026 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 Respondents and their agents, servants, or any person claiming through them, from interfering with the Petitioner's possession or taking any coercive steps, including demolition of the property situated at D.No. 8-347 (New No. 8-347A), 8th Ward, Mangalagiri, Guntur District, pending disposal of the Writ Petition Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- This Writ Petition is filed to declare the action of the 2nd Respondent and their subordinates in marking the Petitioner’s property situated at D.No. 8-347 (New No.8-347A), 8th Ward, Mangalagiri, Guntur District and pressurizing the Petitioner to accept TDR bonds. The respondents are taking steps to demolish the same for road widening purposes without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Sections 146 and 147 of the Municipal Corporation Act. 2. During the course of hearing, the learned counsel for the petitioner would submit that the issue involved in this writ petition is covered by the order dated 31.12.2025 passed by this Court in W.P. No.35007 of 2025 and batch, and requested this Court to pass a similar order in the present writ petition. Though no counter has been filed, the learned Standing Counsel appearing for the respondent-Corporation fairly submits that the issue is covered by the said order and also submits that case of the petitioner is similarly placed. 3. In view of the same, for the reasons alike in the aforesaid order, this writ petition is also disposed of making it clear to the 2nd respondent that, if any of the petitioner submit in writing his dissent for accepting the T.D.R. bonds offered, the respondents shall have to essentially follow the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. There shall be no order as to costs. 4 4. Registry is directed to annex a copy of the order in W.P.No.35007 of 2025 and batch to the order in the present writ petition. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ______________________ JUSTICE HARINATH.N Date : 07.01.2026 PNS