APHC010602592018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28730/2018 Between: 1. METHUKU RAMASWAMY CHETTY, S/O.JAGANATHA SETTY, AGED ABOUT 50 YEARS, OCC.BUISNESS, R/O.D.NO.1-38, RAYALPETA VILLAGE, PEDDAPANJANAI MANDAL, CHITTOOR DISTRICT. 2. METHUKU KRISHNAIAH SETTY, S/O. JAANATHA SETTY, AGED ABOUT 65 YEARS, OCU BUISNESS, R/O. RAYALPETA VILLAGE, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELEGAPUDI, GUNTUR. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS, CHITTOOR DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS, PALMANER, CHITTOOR 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 to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action respondent No.3 and 4 in 2 JS,J W.P.No.28730/2018 interfering with the possession of the petitioners over the properties situated at Shop No.1-38, D.No.1 -24, 1-36 and Shop.No.1-97, D.No.2/13 Bazar Street, Rayalpeta Village, Peddapanjani Mandal, Chittoor District, for the purpose of road widening without adhering to the due process of law as arbitrary, illegal, contrary to the provisions of the Right to Fair Compensation arid Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013 and well established legal principles, apart from being violative of fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 and 4 not to interfere with our rights over the properties situated at Shop No.1-38, D.No.1-24, 1-36 and Shop.No.1-97, D.No.2/13 Bazar Street, Rayalpeta Village, Peddapanjani Mandal, Chittoor District, without adhering to the procedure envisaged under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass orders. 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 direct the respondents No.3 to 4 not to interfere with possession of the petitioners over the properties situated at Shop No.1- 38, D.No.1-24, 1-36 and Shop.No.1-97, D.No.2/13 Bazar Street, Rayalpeta Village, Peddapanjani Mandal, Chittoor District, without following, due process of law pending disposal of the above Writ Petition and pass orders. Counsel for the Petitioner(S): 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR ROADS BUILDINGS (AP) The Court made the following: 3 JS,J W.P.No.28730/2018 ORDER: The present writ petition is filed seeking a direction to respondents 3 and 4 not to interfere with the right over the property situated at Chittoor District. 2. This Court on 14.08.2018 passed the following interim order: “Respondents 3 and 4 shall not interfere with the possession of the petitioner over the subject property, without following due process of law.” 3. In paragraph No.8 of the counter-affidavit filed by the Executive Engineer of Chittoor District it was stated that the Government intends to develop Rayalpeta Town, specifically the stretch from Km 6/0 to 13/0 of Kallupalli-Chowdupalli road, including village limits from Km 6/600 to 7/000 of Rayalpeta, Peddipanjani Mandal. It is also stated that the Rayalpeta Town is not currently under the scope of widening and any future proposals from the District Administration/Government to widen this stretch will be developed according to proper procedure. 4. Learned counsel for the petitioner requested to record the counter- affidavit and close the writ petition. 5. In view of the same, the writ petition is disposed of by making the interim order dated 14.08.2018 absolute; however, this order will not hinder or 4 JS,J W.P.No.28730/2018 preclude the respondents from following the procedure under law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 05.03.2026 RMR 5 JS,J W.P.No.28730/2018 222 THE HONOURABLE SRI JUSTICE SUMATHI JAGADAM WRIT PETITION No:28730 OF 2018 Date: 05.03.2026 RMR