Andhra Pradesh High Court – Amravati
Lingam Sri Rama Murthy vs The State Of Andhra Pradesh on 7 February, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE SEVENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 3059 OF 2025
Between:
Lingam Sri Rama Murthy, S/o L. Subbarao, aged about 61 years,
R/o.D.No.#4-14-181/C, Anjaneyapet, 2"^^ Lane, Amaravathi Road, Guntur.
...PETITIONER
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Municipal Administration Department and Urban Development
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur
District.
2. The Guntur Municipal Corporation, Rep. By its Commissioner, Guntur
Municipal Corporation Office, 0pp. Gandhi Park, Lalapet, Guntur.
...RESPONDENTS
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 a Writ or order or direction more particularly one in the
nd
nature of WRIT OF MANDAMUS declaring the action of the 2
respondent in a) giving markings to petitioners property i.e 20.5 sq. yards
of land along RCC roof structure bearing D.No.6-19- 43/F/I, on main road
between 10*^ and 11'^ lane. Arundelpet, Guntur City, Guntur District, b)
pressurising the petitioner to accept TDR certificates by handing over her
property to the 2nd respondent for proposed road widening of the Main
road from Lodge Center (D.R.B.R.Ambedkar Circle) to Hindu College
Junction to a width of 120 feet as per road development plan and c)
initiating steps to demolish the said property of the petitioner without
following the procedure under The Right To Fair Compensation And
Transparency In Land Acquisition, Rehabilitation And Resettlement Act,
2013 as illegal, arbitrary, unconstitutional and consequently direct the
Respondent No.2 not to interfere with the possession and ownership of
Petitioner over his property i.e 20.5 sq. yards of land along RCC roof
th
structure bearing D.No.6-19-43/F/1, on main road between 10th and 11
lane, Arundelpet, Guntur City, Guntur District, without following the
procedure contemplated under The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013.
lA 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 to direct the 2^^ respondent and its staff not to interfere with
possession enjoyment of petitioner over his property i.e 20.5 sq. yards of
land along RCC roof structure bearing D.No.6-19-43/F/1, on main road
between 10*" and 1l'^ lane, Arundelpet, GunturCity, Guntur District in any
manner including trespass, dispossession, demolition or blocking the
ingress/ egress from shop, or canvassing to stop the customers.
Counsel for the Petitioner; SRI SASANKA BHUVANAGIRI
Counsel for the Respondent No.1: GP MUNCIPAL ADMN & URBAN DEV
Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNC &
MUNC CORPORATION
The Court made the following: ORDER
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APHC010055792025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
FRIDAY. THE SEVENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 3059/2025
Between:
Lingam Sri Rama Murthy ...PETITIONER
AND
The State of Andhra Pradesh and others ...RESPONDENT{S)
Counsel for the Petitioner:
1.SASANKA BHUVANAGIRI
Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP
The Court made the following:
2
ORDER;
This Writ Petition is filed under Article 226 of the Constitution of India
seeking the following relief:
to issue a Writ or order or direction more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of the 2
nd
respondent in a) giving markings to petitioner's property i.e., 20.5
sq.yards of land along RCC roof structure bearing D.No.6-19-43/F/1,
on main road between and 11'" lane, Arundelpet, Guntur City,
Guntur District b) pressurising the petitioner to accept TDR
certificates by handing over her property to the 2"^' respondent for
proposed road widening of the Main road from Lodge Center
(DR.B.R.Ambedkar Circle) to Hindu College Junction to a width of
120 feet as per road development plan and c) initiating steps to
demolish the said property of the petitioner without following the
procedure under The Right To Fair Compensation And Transparency
In Land Acquisition Rehabilitation And Resettlement Act, 2013 as
illegal, arbitrary, unconstitutional and consequently direct
Respondent No. 2 not to interfere with the possession and ownership
of Petitioner over his property i.e. 20.5 sq.yards of land along RCC
roof structure bearing D.No.6-19-43/F/1, on main road between lO"'
and 11'^ lane, Arundelpet, Guntur City, Guntur District, without
following the procedure contemplated under The Right to Fair
Compensation and Transparency in Land Acquisition Rehabilitation
and Resettlement Act 2013 "
2. Heard learned counsel for the petitioner and learned Government
Pleader for Municipal Administration and Urban Development for respondent
No.1 and learned Standing Counsel for Guntur Municipal Corporation for
respondent No.2.
3.
During the course of hearing, learned counsel for the petitioner would
submit that the issue involved in this Writ Petition is squarely covered by the
3
order dated 22.01,2025 passed by this Court in W.P.No.1400 of 2025 and
requested to pass a similar order in this Writ Petition also. The same is not
disputed by the learned counsel appearing for the respondents. The operative
portion of the said order, reads as under;
"....In view of the same, instead of keeping the writ petition
pending, the writ petition is disposed of directing the 2''"' respondent
not to interfere with the possession of the petitioner without following
the procedure as contemplated under the Right to Fair
Compensation and Transparency in Land Acquisition and
Rehabiiitation and Resettlement Act, 2013."
4. In view of the same, for the reasons alike in the aforesaid order, this
Writ Petition is also disposed of, in terms of the order, dated 22.01.2025
passed by this Court in W.P.No.1400 of 2025. There shall be no order as to
costs.
5.
Registry is directed to attach the copy of the order, dated 22.01.2025
passed by this Court in W.P.No.1400 of 2025 to this order. No order as to
costs.
Miscellaneous petitions pending, if any in this Writ Petition shall stand
closed.
Sd/- K. TATA RAO
DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal Secretary, Municipal Administration & Urban Development
Department, State of Andhra Pradesh Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District.
2. The Commissioner, Guntur Municipal Corporation, Guntur Municipal
Corporation Office, Opp: Gandhi Park, Lalapet, Guntur.
3. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC]
4. Two CCs to GP Municipal Admn & Urban Dev, High Court of Andhra
Pradesh. [OUT]
5. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation.
[OPUC]
6. Three CD Copies.
gi
HIGH COURT
DATED:07/02/2025
ORDER
WP.No.3059 of 2025
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
1
APHC010025772025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 1400/2025
Between:
Gudipudi Anjani Kumari ...PETITIONER
AND
The State of Andhra Pradesh and another ...RESPONDENT(S)
Counsel for the Petitioner:
1.AKKISHORE REDDY
Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEVAP
The Court made the following:
2
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India
seeking the following relief:
“… to issue a Writ or order or direction more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of the
Respondents herein particulady Respondent No. 2 in touching upon
the Petitioner’s building situated at D.No.6-19-38/2, Arundalpet,
Guntur City, Guntur District (Shop No. 24 given by Municipality) and
giving markings without having any right or authority highhandedly
and subjecting the petitioner to distress as nothing but illegal,
erroneous, highhanded and violative of Article 14, 19(i)(g), 21 and
300-A of the Constitution of India and consequently direct the
Respondents much less the Respondent No. 2 not to meddle with the
petitioner’s building situated at D.No.6-19-38/2, Arundalpet, Guntur
City, Guntur District (Shop No. 24 given by Municipality) without
following the procedure contemplated under The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 ”
2. Heard learned counsel for the petitioner, learned Government Pleader
for Municipal Administration and Urban Development for respondent No.1 and
learned Standing Counsel for respondent No.2.
3.
The petitioner is the absolute owner and possessor of the house
bearing Door No.6-19-38/2, Arundalpet, Guntur City, Guntur District (shop
No.24 given by Municipality), where the petitioner is residing and carrying on
his own business. While the matter being so, the respondents are intending to
give markings to their shop for road widening purpose without following due
process of law and without paying fair compensation to her. However, the
case of the petitioner is also that the respondents have orally informed that
they will give TDR certificate instead of fair compensation.
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4. Today, when the matter came up for hearing, Mr.A.S.C.Bose, learned
Standing Counsel for respondent No.2, on instructions, informed this Court
that they are intending to issue a notice under Section 146 of APMC Act
1955, to the petitioner and follow the procedure as contemplated under
Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955
much less the Right to Fair Compensation and Transparency in Land
Acquisition and Rehabilitation and Resettlement Act, 2013.
5. In view of the same, instead of keeping the writ petition pending, the writ
petition is disposed of directing the 2″‘^ respondent not to interfere with the
possession of the petitioner without following the procedure as contemplated
under the Right to Fair Compensation and Transparency in Land Acquisition
and Rehabilitation and Resettlement Act, 2013.
6. With the above direction, the Writ Petition is disposed of. No costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand
closed.
JUSTICE V.SUJATHA
Date: 22.01.2025
KGR