Smt. Kollipara Pushpavalli Tayaru v. The State of Andhra Pradesh
WP/6295/2026 · 2026-03-06
Tarlada Rajasekhar Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18492 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18492 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010113102026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 6295/2026 Between:
1. SMT. KOLLIPARA PUSHPAVALLI TAYARU, W/O. GOPAL RAO, AGED ABOUT 63 YEARS, OCC HOUSEWIFE, R/O. D.NO. 37-1-272, PARDHASARADHI NILAYAM TRUNK ROAD, REVENUE WARD NO. 15, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI.-522237
2. THE ONGOLE MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, ONGOLE, PRAKASAM DISTRICT.523001
...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 Respondents in attempting to demolish/acquire the Petitioners' property bearing Door No. 37- 1-272, situated at Trunk Road, Revenue Ward No. 15, Ongole, pursuant to the Notice Roc.No.3535/2025/G1 dated 29-11- 2025, without following the procedure established under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,
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despite the Petitioners specific rejection of TDR Bonds, as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the orders in W.P. No. 21175 of 2025 and Consequently direct the Respondents not to interfere with the Petitioner's peaceful possession and enjoyment of the subject property or demolish the same until the land is lawfully acquired by paying compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, considering the Petitioner's rejection of TDR Bonds vide reply dated 10-12-2025 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 Door No. 37-1- 272, situated at Trunk Road, Revenue Ward No.15, Ongole, Prakasam District, pending disposal of the Writ Petition Counsel for the Petitioner:
1. SHAIK ASIF Counsel for the Respondent(S):
1.
SHAIK ASIF Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.6295 OF 2026
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondents in attempting to demolish/acquire the Petitioners' property bearing Door No.37-1-272, situated at Trunk Road, Revenue Ward
No.15, Ongole, pursuant to the Notice Roc.No.3535/2025/G1 dated 29-11-2025, without following the procedure established under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, despite the Petitioners specific rejection of TDR Bonds, as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the orders in W.P.No.21175 of 2025 and Consequently direct the Respondents not to interfere with the Petitioner's peaceful possession and enjoyment of the subject property or demolish the same until the land is lawfully acquired by paying compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, considering the Petitioner's rejection of TDR Bonds vide reply dated 10-12-2025 and pass such other order or orders…”
3. Heard learned counsel for the petitioner and Sri A.S.C.Bose, learned counsel for respondent No.2.
4. Both the learned counsel for the petitioner as well as learned counsel appearing for respondents submitted that the issue in this writ petition is similar to the order dated 19.02.2026 passed in W.P.No.4519 of 2026 and
order dated 08.09.2025 passed in W.P.No.21175 of 2025 and requested to pass similar order in this writ petition, wherein, both the Courts have held that it is always open to the petitioner to accept or not to accept the TDR bonds. Further, Section 147 of the Municipal Corporation Act and the provisions of the Right to Fair Compensation and Transparency in Land Acquisition,
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Rehabilitation and Resettlement Act, 2013, would have to be essentially followed by the respondent authorities.
5. Following the orders referred supra, the present Writ Petition is
disposed of in terms of the order dated 08.09.2025 passed in W.P.No.21175 of 2025. There shall be no order as to costs.
6. Office is directed to attach a copy of the order dated 08.09.2025 passed in W.P.No.21175 of 2025, to this writ petition.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 07.03.2026 KBN
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60 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.6295 of 2026
Date: 07.03.2026 KBN