APHC010386942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20817/2026 Between: 1. KALAPALA PRASANNA KUMARI, D/O DAVID KALAPALA, AGE 64 YEARS, RESIDENT OF D.NO. 40-5/7-21, ISRAEL PETA, 0PP. MICROWAVE TOWER, BANDAR ROAD, VIJAYAWADA - 520010 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238. 2. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA-520002. 3. THE MUNICIPAL CORPORATION, VIJAYAWADA, REPRESENTED BY ITS COMMISSIONER- 520001 4. THE TOWN PLANNING OFFICER, GUNADALA CIRCLE, MUNICIPAL CORPORATION, VIJAYAWADA, NTR 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 a Writ of Mandamus, declaring the action of the 3rd respondent trying to lay underground Drainage and CC road, without issuing any notice in my property to an extent of Ac. 1-00 cents, situated in sy. no. 111/2 at Gunadala Vijayawada which is unlawful, unjust and against the principles of natural justice violating Articles 14, 21 and 300A of the 2 Constitution of India and consequently, to issue directions to the 3rd Respondent not to interfere with my property without following due process of law 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 direct the 3rd respondent not to proceed with any works in my land situated in sy. no. 111/2 at Gunadala Vijayawada; till pending disposal of this writ petition and pass Counsel for the Petitioner: 1. GURINDAPALLI MANJUSHAW Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- This Writ Petition is filed aggrieved by the action of the 2nd respondent in attempting to lay an underground drainage line under the CC road by encroaching upon the petitioner's property situated in Survey No. 111/2, Gunadala, Vijayawada, without issuing any notice or following the due process of law. 2. Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for respondent Nos. 3 and 4 submits that the respondent authorities have already laid the road and that the petitioner's property has not been disturbed. 3. In reply, the learned counsel for the petitioner submits that respondent No. 3, while attempting to lay the underground drainage, sought to take over a portion of the petitioner's property. However, owing to the intervention of the neighbouring landowners and other local residents, such attempts were resisted and the authorities could not proceed further. 4. The learned Standing Counsel appearing for respondent Nos. 2 and 3 submits that, if any extent of the petitioner's land is required for any public purpose, including the laying of a drainage line or road, the respondent authorities shall strictly follow the due process of law. 5. Recording the aforesaid submissions, the Writ Petition is disposed of, making it clear that, in the event the respondent authorities require any portion of the petitioner's property for laying a road, drainage, or for any other public 4 purpose, they shall invoke the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and proceed in accordance with law. There shall be no order as to costs.. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.07.2026 RSD 5 2 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20817/2026 28.07.2026 RSD