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2026 DAILYLAW 4925 (AP)

Karnam Ramanababu v. Greater Visakhapatnam Municipal Corporation,

WP/14681/2026 · 2026-07-07

Harinath N

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 08.07.2026 Date of uploading : APHC010282182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14681/2026 Between: 1. KARNAM RAMANABABU, S/O KARNAM APPALANAIDU, AGED 52 YEARS, RESIDING AT D.NO.27-3-131/2, SRINAGAR, GAJUWAKA, VISAKHAPATNANN-530026. 2. KARNAM APPARAO,, S/O KARNAM APPALANAIDU (LATE)AGED 58 YEARS, RESIDING AT D.NO.24-99-4/1, GONTHINAVANIPALEM, GAJUWAKA, VISAKHAPATNAM-530026. 3. PENUMETHSA VENKATA CHANDRA SEKHAR RAJU,, S/O PENUMETHSA SAMBAMURTHY RAJU, AGED 55 YEARS, RESIDING AT MIG-II-A32, VINAYAKANAGAR, VUDA COLONY, PEDAGANTYDA, VISAKHAPATNAM-530044. ...PETITIONER(S) AND 1. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 2. THE ASSISTANT CITY PLANNER, ZONE -VI, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION GAJUWAKA, VISAKHAPATNAM. 3. THE STATE OF A P REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, 2 VELAGAPUDI, AMARAYATHI, GUNTUR 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 writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents in attempting to encroach into the private property of the Petitioners by their dispossession to widen the road towards East of the Petitioners property of an extent 600 sq.yds. bearing plot No.4 Sy.No.177/4A of Chinnagantyada Village, Gajuwaka mandal, Visakhapatnam District as illegal and arbitrary consequently direct the Respondents not to interfere with the property of the Petitioner without following the due process of law contemplated under Section 146 and 147 of the Municipal Corporation Act in the interest of justice and pass such 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 not to interfere with the property of the Petitioner of an extent 600 sq.yds, bearing plot No.4 Sy.No.177/4A of Chinnagantyada Village, Gajuwaka mandal, Visakhapatnam District without following the due process of law contemplated under Section 146 and 147 of the Municipal Corporation Act, pending disposal of the above Writ Petition in the interest of justice. Counsel for the Petitioner(S): 1. ADAPA S BHIMASANKARA RAO Counsel for the Respondent(S): 1. 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- The writ petition is filed aggrieved by the action of the respondents in proposing to take over the petitioners' property for the purpose of widening of the road, which would impact the petitioners' possession over an extent of land admeasuring 600 square yards in Plot No.4, Survey No.177/4A of Chinnagantiyada Village, Gajuwaka Mandal, Visakhapatnam District. 2. It is submitted that the petitioners are not coming in the way of the respondents' developmental activities. However, any such proposal to take over the petitioners' property shall be strictly in accordance with law. It is submitted that the petitioners are bona fide purchasers of the property, having purchased the same vide registered sale deeds. 3. This Court, on 21.05.2026, while admitting the writ petition, passed a direction to the respondents not to interfere with the petitioners' property to an extent of 600 square yards over their plot. 4. Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for respondent Nos.1 and 2 has placed on record the written instructions stating that the respondents have tentatively marked a 60 feet road and that the road widening work has not been taken up as on date. It is also stated in the instructions that the respondents shall follow the due process of law as laid down in the Andhra Pradesh Municipal Corporation Act, 1955. 4 5. Recording the submissions, it is made clear to the respondents to follow the due process of law. It is also made clear that, in the event the respondents intend to acquire the property of the petitioners, the petitioners shall have to be compensated in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or alternatively, the respondents shall compensate the petitioners under the 2013 Act or propose any other acceptable option to the petitioners. 6. With this observation, this writ petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 08.07.2026 PNS Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑