1 APHC010425802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23352/2026 Between: 1. M SIVA PRASAD, S/O. M. SRINIVASULU, AGED ABOUT 49 YEARS, OCC. BUSINESS, RIO. DOOR NO.16/4/1153,KORIVIVARI KANDRIGA, REVENUE WARD NO.16-IV,NELLORE, SPSR NELLORE DISTRICT-524001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE NELLORE MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, NELLORE MUNICIPAL CORPORATION OFFICE, NELLORE, SPSR NELLORE DISTRICT-524001. ...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 toissue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 and their subordinate officers from interfering with the Petitioner's peaceful possession and enjoyment of the House and its attached property bearing Door No.16/4/1153, Korivivari ndriga, Revenue Ward No.16-IV, Nellore, SPSR Nellore District including from demolishing the building standing thereon or taking over possession of any part thereof and further declaring the Notice bearing Roc.No.190/2025/G1 dated.27-04-2026 issued by the 2' Respondent 2 as illegal, arbitrary, high-handed and without authority of law and violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Consequently set aside the Notice bearing Roc.No.190/2025/G1 dated.27-04-2026 issued by the 2nd Respondent by duly further restraining the Respondents and their subordinates officers from interfering with the Petitioners peaceful possession and enjoyment of the House and its attached property bearing Door No.16/4/1153, Korivivari Kandriga, Revenue Ward No.16-IV, Sy Nos.1014/1A and 1021 of Nellore, SPSR Nellore District, including from demolishing the building standing thereon or taking over possession of any part thereof, except by strictly following the mandatory procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 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 direct the Respondents and their subordinates officers from interfering/ restraining with the Petitioner's peaceful possession and enjoyment of the House and its attached property bearing Door No.16/4/1153, Korivivari Kandriga, Revenue Ward No.16-IV, Sy Nos.1014/1A & 1021 of Nellore, SPSR Nellore District within the limits of the Nellore Municipal Corporation, including from demolishing the building standing thereon or taking over possession of any part thereof, except by strictly following the mandatory rocedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 pursuant to the impugned Notice bearing Roc.No.190/2025/G1 dated.27-04-2026 issued by the 2nd Respondent pending disposal of the above writ petition Counsel for the Petitioner: 1. MD SALEEM Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 The Court made the following Order: The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the issuance of the notice dated 27.04.2026, whereby the respondent Corporation has called upon the petitioner to cooperate with respondent No.2 in the proposed road widening process and the petitioner is also required to submit photocopies of the title/ownership documents, and states that the respondents shall consider the petitioner’s eligibility for compensation by way of TDR certificates. 2. It is further stated that the individuals whose properties are affected are required to execute a registered gift deed in favor of the respondent Corporation. It is also stated that structural compensation, if any, shall be assessed by the Engineering Department of the respondent Corporation. 3. It is also submitted that the petitioner had earlier filed Writ Petition No.5240 of 2025, wherein this Court, vide order dated 28.02.2025, disposed off the said writ petition directing respondent No.2 not to interfere with the possession of the petitioner except by following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 4. It is submitted that despite the aforesaid order passed by this Court, the impugned notice has been issued under Section 146 of the Andhra Pradesh Municipal Corporations Act, 1955. 4 5. On the other hand, the learned counsel appearing for respondent No.2 submits that the impugned notices are general notices addressed to all the property owners whose properties are likely to be affected by the proposed road widening. It is further submitted that the petitioner is required to approach respondent No.2 and seek compensation, as Section 146 of the Andhra Pradesh Municipal Corporations Act, 1955 enables the affected parties to participate in negotiations for arriving at a mutually acceptable settlement, including compensation by way of TDR certificates or any other acceptable proposal to the petitioner. 6. Considering the submissions and having regard to the earlier order passed in writ petition No.5240 of 2025, the present writ petition is disposed of making it clear that respondent No.2 shall follow the directions issued by this Court in the said writ petition and shall not interfere with the petitioner’s property except by awarding compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other acceptable proposal to the petitioner. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________ HARINATH.N,J 17.08.2028 RJS 5 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No:23352 of 2026 Dt: 17.08.2026 RJS