Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010186362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9621/2026 Between: 1. KAPIREDDI VIJAYA BHARATHI DEVI ALLUMALLU SRI RAMARAO, AGED. 60 YEARS,, OCCUPATION. SCHOOL TEACHER, R/O. DOOR NO.43-4-5/1, SUBBALAKSHMI NAGAR, RAILWAY NEW COLONY, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT (MS AND UD), AP SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, AP-522237 2. METROPOLITAN COMMISSIONER, VMRDA (VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY), VISAKHAPATNAM, AP-530003 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT AP-530002. 4. COMMISSIONER, GVMC (GREATER VISAKHAPATNAM MUNICIPAL CORPORATION) VISAKHAPATNAM, AP-530002. ...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 topleased to issue an order, direction or writ more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the respondents the 2nd respondent in particular in re-marking a proposed 80 feet road across the petitioner's house site property admeasuring 400 Sq. Yards ( 334 sq.m) in Survey No. 83/6 A -2- HN, J W.P.Nos.9621 & 9467_2026 and B, Plot No. 5, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam, under the revised VMRDA Master Plan 2041, as illegal, arbitrary, unlawful, without jurisdiction, malicious , unconstitutional, and violative of Articles 14 and 300-A of the Constitution of India and also violative of instructions issued by the government of AP in Rc.No.1564/2003/L-MP (e- 2737954), dt.08-02- 2026, dt.09-02-2026 and consequently set aside same by directing the 2nd respondent to change the alignment of the said proposed 80-ft road insofar as it affects the petitioner's property admeasuring 400 Sq. yards in Survey No. 83/6 A and B, Plot No. 5, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam ii. Further declare that the property of the petitioner admeasuring 400 Sq. yards in Survey No. 83/6 A and B, Plot No. 5, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam, cannot be taken away except by due process of law i.e., except by invoking and implementing the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( Act 30 of 2013) in its letter and spirit and 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 grant stay of all further proceedings including dispossession of the petitioners from her house site measuring an extent of 400 Sq. Yards in Survey No. 83/6 A & B, Plot No. 5, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam, Pending disposal of the writ petition and pass Counsel for the Petitioner: 1. P VEERRAJU Counsel for the Respondent(S): 1. SOMISETTY GANESH BABU SC For VUDA and MUDA 2. GP MUNCIPAL ADMN AND URBAN DEV AP -3- HN, J W.P.Nos.9621 & 9467_2026 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010186392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9647/2026 Between: 1. KANITHI KAVYA PRIYA, W/O.PATNANA VINEEL, AGED 31 YEARS, R/O. FLAT NO.402, VENKAT NIVAS, NIZAMPET ROAD, BESIDE VIJETHA GREEN HOMES, OPP SANGHMITRA SCHOOL, KUKATPALLY, HYDERABAD, TELANGANA STATE-500072. REP., HER GPA HOLDER KANITHI RAMA RAO, AGED 63 YEARS, R/O. FLAT NO.402, VENKAT NIVAS, NIZAMPET ROAD, BESIDE VIJETHA GREEN HOMES OPP SANGHMITRA SCHOOL, KUKATPALLY, HYDERABAD, TELANGANA STATE-500072 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT (MS AND UD), AP SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, AP-522237 2. METROPOLITAN COMMISSIONER, VMRDA (VISAKHAPATNAM REGION DEVELOPMENT AUTHORITY) VISAKHAPATNAM, AP-530003. 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. AP-530002. 4. COMMISSIONER, GVMC (GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM, AP-530002. ...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 topleased to issue an order, direction or writ -4- HN, J W.P.Nos.9621 & 9467_2026 more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the respondents the 2nd respondent in particular in re-marking a proposed 80 feet road across the petitionerd house site property admeasuring 300 Sq. Yards in Survey No. 83/6 A and B, Plot No. 3, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam, under the revised VMRDA Master Plan 2041, as illegal, arbitrary, unlawful, without jurisdiction, malicious , unconstitutional, and violative of Articles 14 and 300-A of the Constitution of India and also violative of instructions issued by the government of AP in Rc.No.1564/2003/L- MP (e-2737954), dt.08-02- 2026, dt.09-02-2026 and consequently set aside same by directing the 2nd respondent to change the alignment of the said proposed 80-ft road insofar as it affects the petitioner's property admeasuring 300 Sq. yards in Survey No. 83/6 A and B, Plot No. 3, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam ii.further declare o. 83/6 A and B, Plot No. 3, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam, cannot be taken away except by due process of law i.e., except by invoking and implementing the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( Act 30 of 2013) in its letter and spirit and 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 grant stay of all further proceedings including dispossession of the petitioners from her house site measuring an extent of 300 Sq. Yards in Survey No. 83/6 A & B, Plot No. 3, Patta No. 214, Mallayyapalem, Madhurawada, Visakhapatnam, Pending disposal of the writ petition and pass Counsel for the Petitioner: 1. P VEERRAJU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SOMISETTY GANESH BABU SC For VUDA and MUDA 3. GP MUNCIPAL ADMN AND URBAN DEV AP -5- HN, J W.P.Nos.9621 & 9467_2026 COMMON ORDER: 1. The petitioners are aggrieved by the action of the respondents in re-marking the proposed 80-feet road, which affects the petitioners’ property. It is the specific case of the petitioners that the petitioners are bonafide purchasers and are in possession and enjoyment of the same. However, the respondents are sending their men, who have been marking the property of the petitioners’ for the proposed road- widening purpose and in that process, it is apprehended that the petitioners’ property would be taken over without paying any compensation for the affected property of the petitioners. 2. It is submitted that the respondents would have to acquire the property of the petitioners in the event any extent of the petitioners’ property is required for road widening or other public purposes. This Court directed the learned Standing counsel to obtain instructions in this matter. The written instructions of the Zonal Commissioner, GVMC, are placed before this Court. 3. As seen from the instructions, respondent No.4 has stated that the road alignment has been finalized based on technical feasibility, planning considerations, and larger public interest. It is also stated that the petitioners cannot object to the road widening and that the petitioners have an adequate remedy either to accept the TDR bond or -6- HN, J W.P.Nos.9621 & 9467_2026 claim compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 4. The learned counsel appearing for the petitioners submits that the petitioners own a similar extent of land and that they are not willing to accept the TDR bond which may be offered to the petitioners. 5. Considering the submissions and the written instructions placed before this Court, the writ petitions stands disposed off by directing the respondents to follow the due process of law in the event the petitioners’ property is required for public purposes. It is made clear that the petitioners shall be compensated in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or any other applicable law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:30.06.2026 NKA -7- HN, J W.P.Nos.9621 & 9467_2026 112 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOs: 9621 and 9467 of 2026 Date: 30.06.2026 NKA