APHC010401752018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18891/2018 Between: 1. B.R.R. HANUMAN, S/O SREE RAMULU AGED ABOUT 56 YEARS, OCC RETD EMPLOYEE, R/O D NO 27-1-42/1, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 2. V. VENKATA RAMA BABU, S/O AMRUTESWARA RAO AGED ABOUT 59 YEARS, OCC EMPLOYEE, R/O D NO 27-1-39/2, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 3. M. NARASIMHA SARMA, S/O RAGHURAM SARMA AGED ABOUT 54 YEARS, OCC PRIVATE EMPLOYEE, R/O D NO 27-1-36/3, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 4. D. VANAMAYYA, S/O LATE VEERAYYA AGED ABOUT 66 YEARS, OCC RETD EMPLOYEE, R/O D NO 27-1-36/B, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 5. D. RAJASEKHAR, S/O LATE PURUSHOTHAM AGED ABOUT 58 YEARS, OCC EMPLOYEE, R/O D NO 27-1-35, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 6. THOTA SATYANARAYANA, S/O RAGHAVAIAH AGED ABOUT 66 YEARS, OCC RETIRED, R/O D NO 27-1-39/3, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 7. K.B. SAROJINI, W/O LATE SHANKAR RAO AGED ABOUT 66 YEARS, OCC HOUSEWIFE, R/O D NO 26-1-9/B, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 8. DR. G. VISHNU PRIYA, W/O RAVINDRANATH AGED ABOUT 55 2 YEARS, OCC DOCTOR, R/O D NO 26-5-11, AMEENAPET, ELURU TOWN. ELURU, WEST GODAVARI DISTRICT 9. CH. RAHUL, S/O RADHAKRISHNA RAO AGED ABOUT 24 YEARS, OCC UNEMPLOYEE, R/O D NO 26-5-6, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 10. MVS ASHOK KUMAR, S/O SOMARAJU AGED ABOUT 51 YEARS. OCC BUSINESS, R/O D NO 26-5-4/1, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 11. S.A. ATTAR JAHAN, W/O SUBHAN ALL AGED ABOUT 56 YEARS, OCC HOSEWIFE, R/O D NO 26-9-9/A1, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 12. D. FLORANCE NIGHTENGALE, W/O LATE RAVIKIRAN AGED ABOUT 54 YEARS, OCC HOUSEWIFE, R/O D NO 27-1-35/B, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 13. CH. SANTAYYA, S/O RAMANNA AGED ABOUT 63 YEARS, OCC RETIRED EMPLOYEE, R/O D NO 27-1-36, AMEENAPET, ELURU TOWN. ELURU, WEST GODAVARI DISTRICT 14. N. PADMAVATHI, W/O JOSEPH AGED ABOUT YEARS, OCC HOUSEWIFE, R/O D NO 27-1-27/3, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 15. P. SANKAR RAO, S/O NARAYANA AGED ABOUT 33 YEARS, OCC UNEMPLOYEE, R/O D NO 26-5-3, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 16. SK. ARIFA BEGUM, W/O PACHASAHEB AGED ABOUT 45 YEARS, OCC HOUSEWIFE, R/O D NO 27-1-27/17, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 17. R. IVANJILIN, W/O GANTI JAGDISH AGED ABOUT 50 YEARS, OCC HOUSEWIFE, R/O D NO 26-5-11, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT 18. B. KANAKARATNAM, W/O PRAKASARAO, AGED ABOUT 40 YEARS, OCC HOUSEWIFE, R/O D NO 27-1-27/3, AMEENAPET, ELURU TOWN, ELURU, WEST GODAVARI DISTRICT.. ...PETITIONER(S) 3 AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, TRANSPORT, ROADS AND BUILDINGS (R.IV) DEPARTMENT, SECRETARIAT BUILDINGS. VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION, GOVT OF ANDHRA PRADESH VIJAYAWADA, KRISHNA DISTRICT 3. THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH 4. THE MUNICIPAL COMMISSIONER ELURU MUNICIPAL CORPORATION, ELURU, WEST GODAVAR DISTRICT ANDHRA PRADESH 5. THE SUPERINTENDING ENGINEER ROADS AND BUILDINGS DEPARTMENT, ELURU, WEST GODAVARI DISTRICT 6. THE SUPERINTENDING ENGINEER IRRIGATION DEPARTMENT, ELURU, WEST GODAVARI DISTRICT.. ...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 toto issue an order or direction more particularly one in the nature of Writ of MANDAMUS (a)Declare the action of the respondent authorities in marking with red colour on the houses/buildings of the petitioners for construction of high level road bridge across Tammileru River at AmmenapetYJunction i.e., cause way on Tammileru River which leads to Sanivarapupet village without following the procedure laid down under Land Acquisition Act 30 of 2013 or issuing any notice/notification and trying to demolish/dispossess the petitioners from the petition schedule lands on war footing basis in high handed manner without following the due process of law, is illegal, arbitrary, discriminatory, violative of Art 14, 21 and 300-A of the Constitution of India, including against the Principles of Natural Justice and (b) consequently direct the respondent authorities to consider the request of the petitioners and take necessary action to modify the plan of high level bridge into road level bridge on par with other bridges existing on Tammileru River i.e., (1) NH 5 in between RTC Bus Stand and CRR College (2) on mini by pass near Western Tammileru Lock (3) Eastern Timmelru Lock near Eluru Railway Station and (4) Tangellamudi without affecting the petitioners 4 buildings/houses/properties and not to construct the high level bridge on the causeway of Tammileru River without following the procedure as contemplated under Land Acquisition Act 30 of 2013 or giving an opportunity to the petitioners to submit their explanation for the hardship caused to them or by way of negotiations or to provide alternative land within the near vicinity of Ameenapeta, Eluru Municipal Corporation, West Godavari District by assessing the value of the buildings and pass IA NO: 1 OF 2018 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 authorities not to demolish/dispossess any portion of the houses/buildings of the petitioners situated at Ameenapeta, Eluru Municipal Corporation, West Godavari District and pass Counsel for the Petitioner(S): 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. A S C BOSE 3. GP FOR ROADS BUILDINGS (AP) 5 The Court made the following ORDER: Heard learned counsel for the petitioners and the respondents. The learned counsel appearing for the 4th respondent, Sri A.S.C. Bose, submits that the Municipal Corporation has not initiated any demolition. If the respondents intend to acquire the petitioners’ lands, they will follow due procedure prescribed under law. Consequently, the Writ Petition is disposed of with the consent of both the counsel, making the interim orders, dated 08.06.2018, absolute. The respondent authorities are free to proceed in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 27.02.2026 KAS 6 292 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18891/2018 Dated: 27.02.2026 KAS