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2026 DAILYLAW 5024 (AP)

BHOGU VENKATA SUBRAMANYAM v. THE STATE OF AP

WP/10449/2026 · 2026-07-01

Harinath N

body2026

Judgment text

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1 Date of reserved for orders : --------------- Date of pronouncement : 02.07.2026 Date of uploading : 13.07.2026 APHC010170622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10449/2026 Between: 1. BHOGU VENKATA SUBRAMANYAM, S/O CHANDRASEKHAR, AGED ABOUT 57 YEARS R/O.FLAT NO.101,PAVANI RESIDENCY, RAILWAY GATE ROAD,BABU JAGAJEEVAN RAM STATUE, VEDAYAPALEM,AMBEDKAR NAGAR, SRI POTTI SRIRAMUIU NELLORE DISTRICT, PIN CODE NO. 524004. 2. .BONDILI.LAKSHMI NARAYANA, S/O PRATHAP AGED ABOUT 39 YEARS, R/O.16-4-1735,HARANADHAPURAM, MUTHUKUR ROAD,NELLORE RURAL MANDAL, SRI POTTI SRIRAMUIU NELLORE DISTRICT, PIN CODE NO. 524003. 3. SAPPARAPU.VENKATA SUDARSAN BABU, S/O,VENAKTESWARLU AGED ABOUT 30 YEARS, R/O.DEVAMMA CHERUVU VILLAGE, SINGAREDDYPALLI POST, SETHARAMAPURAM MANDAL, SRI POTTI SRIRAMUIU NELLORE DISTRICT, PIN CODE NO. 524310. 4. DARA.RAMANAMMA, W/O LATE CHINNAIAH, AGED ABOUT 69 YEARS, R/O.PATHAMITTA PALEM, CHINTHAREDDYPALEM,NELLORE RURAL MANDAL, SRI POTTI SRIRAMUIU NELLORE DISTRICT, PIN CODE NO. 524003. 5. DARA.SUPRAJA, W/O SIVAIAH AGED ABOUT 46 YEARS, R/O.PATHAMITTA PALEM,CHINTHAREDDYPALEM.NELLORE RURAL MANDAL, SRI POTTI SRIRAMULU NELLORE DISTRICT, PIN CODE NO. 524003. 2 ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT,SECRETARIAT, VELAGAPUDI,522503,AMARAVATI. 2. THE DISTRICT COLLECTOR, AND DISTRICT MAGISTRATE,ACHARI STREET,524001 SRI POTTI SRIRAMULU NELLORE DISTRICT. 3. THE MUNICIPAL CORPORATION NELLORE, REP. BY ITS NELLORE MUNICIPAL COMMISSIONER AMBEDKAR NAGAR.DARGAMITTA,524003 SRI POTTI SRIRAMULU NELLORE DISTRICT. 4. THE NELLORE URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE-CHAIRMAN, MINI BYPASS ROAD,NGO COLONY,,524004 SRI POTTI SRIRAMULU NELLORE DISTRICT. 5. THE TAHSILDAR NELLORE RURAL, AMBEDKAR NAGAR,524003 SRI POTTI SRIRAMULU NELLORE 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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in proposing to demolish the residential house of the petitioners situated in Nellore Bit-ll Village within the limits of Nellore Municipal Corporation,pursuant to G.O.Ms.No.7,Municipal Administration and Urban Development (H1) Department, proposing widening of the existing 40 feet road to 80 feet road, without issuing prior notice and without following due process of law, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondents not to demolish the petitioners house except in accordance with law, and further direct the respondents that if the petitioners property is required for the said road widening, the same shall be acquired strictly in accordance with law and fair compensation at the prevailing market value shall be paid along with Rehabilitation and Resettlement benefits, and until such compensation and Rehabilitation and Resettlement are provided, the respondents shall not commence or proceed with any road widening or demolition work affecting the petitioners property, and pass 3 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 may be pleased to suspend the operation of G.O.Ms.No.7,Municipal Administration & Urban Development (H1) Department dated 22.01.2026, in so far as it affects the petitioner’s residential houses situated in Nellore Bit-ll Village within the limits of Nellore Municipal Corporation,and consequently direct the respondents not to take any coercive steps including demolition or eviction and to maintain status quo, pending disposal of the Writ Petition. Counsel for the Petitioner(S): 1. SEERAM RAGHAVENDRA Counsel for the Respondent(S): 1. BOMMINAYUNI APPARAO 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10449 of 2026 ORDER: Learned counsel for the petitioners submits that the present writ petition is filed apprehending demolition of the petitioners' properties by respondent Nos.3 and 4 without following the due process of law. It is submitted that the petitioners are in possession and enjoyment of the subject properties, having acquired the same under registered title deeds. It is further submitted that the petitioners have constructed residential dwelling units thereon after availing loans from financial institutions. It is submitted that respondent Nos.3 and 4 are now proposing to demolish the petitioners' properties under the guise of road widening. According to the learned counsel, any such action can be taken only in accordance with law, and the respondents cannot proceed with demolition without following the due process prescribed under law. 2. Heard the learned counsel for the petitioners and Sri A.S.C. Bose, learned Standing Counsel appearing for respondent No.3. 3. During the course of hearing, the learned Standing Counsel appearing for respondent No.3, on the basis of written instructions, submits that the 3rd respondent has invited objections and suggestions by issuing a paper notification with regard to the proposed widening of the road connecting the Bypass Highway Road to the Ballari–Krishnapatnam Port Highway Road. It is further submitted that the proposed implementation of the Master Plan Road is being undertaken in the larger public interest and that, as on date, the 3rd 5 respondent is not taking any steps to demolish the petitioners' properties. It is also submitted that any action affecting the petitioners' properties shall be taken strictly in accordance with law. 4. Recording the aforesaid submissions, this writ petition is disposed of making it clear that, if the respondents propose to acquire or utilize any portion of the petitioners' properties for the purpose of road widening, they shall do so strictly in accordance with law and shall compensate the petitioners either by grant of TDR Bonds or by payment of compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Till completion of such process, the possession and enjoyment of the petitioners over the subject properties shall not be disturbed without following the due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:02.7.2026 RSD Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 6 142 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10449 of 2026 Date: 02.07.2026 RSD