1 HN, J W.P.No.9415_2015 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010737042015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9415/2015 Between: 1. PENTAPATI LAKSHMANA SWAMY, S/O LATE VARAHALA SETTY, AGED 49 YEARS, R/O DOOR NO. 6-8-36, PEDDA VEEDHI, MG ROAD, VIZIANAGARAM. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP., BY THE PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 2. THE VIZIANAGARAM MUNICIPALITY, REP., BY ITS COMMISSIONER, VIZIANAGARAM, VIZIANAGARAM 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 or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent municipality in trying to demolish the petitioner's building for the purpose of road widening situated in Door No.8-12-5 in TS No.1073/A, Lower Tankbund Road, Vizianagaram without acquiring the property either under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law or without issuing any notice as 2 HN, J W.P.No.9415_2015 arbitrary, illegal, null and void, against norms of public policy and principles of natural justice and violative of Article 300A of Constitution of India and consequently to direct the respondent authorities not to demolish the petitioner's property in Door No.8-12-5 in TS No.1073/A, Lower Tankbund Road, Vizianagaram without following due process of law IA NO: 1 OF 2015(WPMP 12399 OF 2015 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 2nd respondent authority not to demolish the petitioner's building bearing Door No.8-12-5 in TS No.1073/A, Lower Tankbund Road, Vizianagaram without following due process of law, pending disposal of the above writ petition IA NO: 1 OF 2025 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 grant leave for filing counter and pass Counsel for the Petitioner: 1. VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. VENKATESWARA RAO NIMMAGADDA 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3 HN, J W.P.No.9415_2015 ORDER: 1. The present writ petition is filed, aggrieved by the action of the respondents in trying to demolish the petitioner’s property for the purpose of road widening. 2. It is submitted that the respondent authorities have neither determined the compensation due payable nor initiated the proceedings for the acquisition of the petitioner’s property. 3. The learned Standing counsel appearing for respondent No.2 submits that the respondents are ready to issue TDR bonds at the ratio of 1:2. It is also admitted that property of the petitioner is affected to an extent of 20 square yards in the proposed road widening. It is further submitted that, on account of the interim order, the road widening could not be undertaken. 4. Considering the said submission and the necessity for widening the road, the interim order stands modified, and the writ petition stands disposed off by directing respondent No.2 to ascertain the area of the petitioner’s property available for the grant of TDR Bonds in accordance with the prevailing rules. It is also made clear that the petitioner shall execute a gift deed in respect of the extent of land required for the proposed road widening, and respondent No.2 shall determine the eligibility of the petitioner for the grant of TDR Bonds corresponding to the extent of land required for the purpose of road widening and issue the same to the petitioner. 4 HN, J W.P.No.9415_2015 5. With this observations, the writ petition stands disposed off, directing respondent No.2 to complete the process of issuance of TDR Bonds within a period of twelve(12) weeks from the date of receipt of this order. It is needless to mention that the petitioner shall execute the gift deed in favor of respondent No.2 within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:20.07.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 HN, J W.P.No.9415_2015 104 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9415 of 2015 Date: 20.07.2026 NKA