APHC010080372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 4453/2026 Between: 1. MRS. C.SARADA DEVI, W/O. DR. T. CHATRAPRAKASH REDDY, AGED ABOUT 40 YEARS, OCC HOUSEWIFE, R/O. D.NO. 18-54/4, CHENNUPATI IKYA UPADHYAYA NAGAR, AVILALA, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT - 517 501. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI.522237 2. THE TIRUPATI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE-CHAIRMAN, TUDA OFFICE, TIRUPATI, TIRUPATI DISTRICT.517501 3. THE VICECHAIRMAN, TIRUPATI URBAN DEVELOPMENT AUTHORITY (TUDA), TUDA OFFICE, TIRUPATI, TIRUPATI DISTRICT.517501 4. THE PLANNING OFFICER, TIRUPATI URBAN DEVELOPMENT AUTHORITY (TUDA), TUDA OFFICE, TIRUPATI, TIRUPATI DISTRICT.517501 5. AVILALA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT.517501 ...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 a writ more particularly in the form of Writ of Mandamus declaring (a) The notification vide Roc.No.2344/Gl/2025 dt.10.12.2025 proposing the Road Development SRK, J W.P.No.4453 of 2026 2 Plan for existing 50-60 ft road to be widened to 80 feet in the alignment of within proposed 100 ft MP road of TUDA Sanctioned Master Plan 2040 from Tirupati - Naidupeta Highway at Thummalagunta Arch in Sy.No. 1,10, 41,12, 13 and 14 of Avilala Village and Sy.No. 55, 54, 52, 51, 41, 40, 39, 38, 20, 19, 18 and 17 of Thummalagunta Village through Upparapalli Village Tirupati Rural (M) Tirupati District without there being any any public interest involved is as per se illegal, arbitrary, highhanded and violative of articles 14, 21 and 300A of the Constitution of India, (b) the inaction of the respondent authorities in considering and disposing the objection filed by the petitioner as against the notification vide R0C.N0.2344/G 1/2025 dt.10.12.2025 and (c) In proposing/proceeding to demolish the construction raised by the petitioners bearing D.No. 18-54/4 in land upto an extent of 1600.5 Sq.ft in Plot N0.6 of Chennupati Ikya Upadhyaya Nagar Layout (L.P.No.6/Gl/96 dt.06.01.2007), in Survey Nos. 10/2, 10/2A to 10/2H, Avilala Village Accounts, Avilala Panchayath No.49, Tirupati Rural Mandal, Sri Balaji Registration District, Chittoor District (presently Tirupati District) without following the due procedure stipulated under law, as illegal, arbitrary, against the principles of natural justice, without power of authority and opposed to the Art. 19,21 and 300A of the Constitution of India. (d) to pass 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 pleased to direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the land and the construction bearing D.No. 18-54/4 in land upto an extent of 1600.5 Sq.ft in Plot No.6 of Chennupati Ikya Upadhyaya Nagar Layout (L.P.No.6/Gl/96 dt.06.01.2007), in Survey Nos. 10/2, 10/2A to 10/2H, Avilala Village Accounts, Avilala Panchayath No.49, Tirupati Rural Mandal, Sri Balaji Registration District, Chittoor District (presently Tirupati District), pending disposal of the writ petition and pass Counsel for the Petitioner: 1. VMR LEGAL Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: SRK, J W.P.No.4453 of 2026 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.4453 of 2026 ORDER: Heard learned counsel for petitioner and learned counsel appearing for respondents. 2. The present Writ Petition has been filed seeking to declare (a) The notification vide Roc.No.2344/G1/2025, dated 10.12.2025 proposing the road development plan for existing 50-60 feet road to be widened to 80 feet in the alignment of within proposed 100 feet MP road of TUDA sanctioned Master Plan 2040 from Tirupati – Naidupeta Highway at Thumalagunta Arch in Sy.No.1, 10, 41, 12, 13 and 14 of Avilala village and Sy.No.55, 54, 52, 51, 41, 40, 39, 38, 20, 19, 18 and 17 of Thummalagunta village through Upparapalli village, Tirupati Rural Mandal, Tirupati District without there being any public interest involved; (b) Declare the inaction of the respondent authorities in considering and disposing the objection filed by the petitioner as against the notification vide Roc.No.2344/G1/2025, dated 10.12.2025; and (c) In proposing/proceeding to demolish the construction raised by the petitioner bearing D.No.18-54/4 in land upto an extent of 1600.5 square feet in plot No.6 of Chennupati Ikya Upadhyaya Nagar Layout (L.P.No.6/G1/96, dated 06.01.2007), in Sy. Nos.10/2, 10/2A to 10/2H, Avilala village accounts, Avilala Panchayath No.49, Tirupati Rural Mandal, Sri Balaji Registration District, Chittoor District (presently Tirupati District) without following the due procedure stipulated under law, as illegal and arbitrary. SRK, J W.P.No.4453 of 2026 4 3. Case of the petitioner is that she is the absolute owner and possessor of land to an extent of 1600.5 square feet in plot No.6 of Chennupati Ikya Upadhyaya Nagar Layout (L.P.No.6/G1/96, dated 06.01.2007), in Sy.Nos.10/2, 10/2A to 10/2H, Avilala village accounts, Avilala Panchayath No.49, Tirupati Rural Mandal, Sri Balaji Registration District, Chittoor District (presently Tirupati District) having been gifted the said land by her father vide registered gift settlement deed bearing document No.2772/2012, dated 29.06.2012. The petitioner applied for building permission to the 5th respondent authority and the same was granted vide B.A.No.34/2018, dated 21.07.2018 upon scrutiny of the document of the petitioner and the petitioner made the construction strictly as per law in due compliance of the conditions and plan stipulated in the building approval. Upon completion of construction of house, she has been residing along with her family in the said house. ii). While so, the petitioner came to know about the public notice issued by respondent No.2-TUDA vide Roc.No.2344/G1/2025, dated 10.12.2025 published in Andhra Jyothi newspaper on 11.12.2025, calling for objections/suggestions for proposed widening of existing 50-60 feet road to 80 feet in alignment with 100 feet Master Plan-2040 SRK, J W.P.No.4453 of 2026 5 road affecting survey Nos.1, 10, 11, 12, 13 and 14 of Avilala village including the property of petitioner in Sy.No.10 and since the property directly abuts Gollapalli road in Sy.No.10 and the proposed 80 feet width requires acquisition of additional 20 feet land from her Western boundary beyond the 18 feet already set apart, gifted in 2006 for maximum 60 feet road, thereby threatening nearly 50% of her plot and the house constructed in the said plot would be of no use and will have to be demolished. The petitioner addressed an objection dated 15.12.2025 to the respondent authorities, but the said objection is not considered till date. 4. Learned Standing Counsel appearing on behalf of respondent Nos.2 to 4, on written instructions, submits that they are not disturbing the property belonging to the petitioner herein. He further submits that removals will be taken up from 13.02.2026 as per due procedure with the support of Gram Panchayat Secretaries of two villages and all line departments for enforcement action. He further submits that they are not touching the property belonging to the petitioner herein. 5. Recording the said submission made by the learned counsel for the respondent Nos.2 to 4 and placing the aforesaid SRK, J W.P.No.4453 of 2026 6 written instructions on record, the Writ Petition is disposed of. No order as to costs. 6. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date: 16.02.2026 sj SRK, J W.P.No.4453 of 2026 7 105 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.4453 of 2026 Date: 16.02.2026 sj