M/S Murthy Fashions Private Limited, vs The State Of Andhra Pradesh on 21 April, 2025

Andhra Pradesh High Court – Amravati

M/S Murthy Fashions Private Limited, vs The State Of Andhra Pradesh on 21 April, 2025

 APHC010182012025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                  [3460]
                              (Special Original Jurisdiction)

                    MONDAY ,THE TWENTY FIRST DAY OF APRIL
                       TWO THOUSAND AND TWENTY FIVE
                                   PRESENT
             THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
                          WRIT PETITION NO: 9659/2025
Between:
M/s Murthy Fashions Private Limited,                        ...PETITIONER
                                     AND
The State Of Andhra Pradesh and Others                  ...RESPONDENT(S)
Counsel for the Petitioner:
   1. A K KISHORE REDDY
Counsel for the Respondent(S):
   1. GP MUNCIPAL ADMN AND URBAN DEV AP
The Court made the following:
                                       2


             THE HON'BLE SRI JUSTICE NYAPATHY VIJAY

                     WRIT PETITION NO: 9659/2025
ORDER:

1. The Writ Petition is filed to declare the action of the Respondents herein

particularly Respondent No.2 in touching upon the Petitioner’s building

markings being given without any notice to the Petitioner about green

marking and red marking situated at D.No.6-19-63, Arundalpet, Guntur City,

Guntur District (Shop No.49 given by Municipality) without having any right or

authority high handedly and subjecting the Petitioner to distress as nothing

but illegal, erroneous, highhanded and violative of Articles 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.6-19-63, Arundalpet, Guntur City,

Guntur District (Shop No.49 given by Municipality) without following the

procedure Right to Fair Compensation and contemplated under The

Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

2. The learned counsel for the petitioner submits that the petitioner is the

owner and possessor of house bearing D.No.6-19-63, Arundalpet, Guntur

City, Guntur District. The grievance of the petitioner is that the respondent

No.2–authorities through his staff had given marking to the subject property

and stated that property would be taken into possession for the purpose of

road widening without issuing notification under the Act of 30 of 2013 or
3

under Sections 146 & 147 of the Municipal Corporation Act, 1955, the

respondents are high handedly interfering.

3. While hearing, both the counsels at the bar submit that the issue is

covered by the order in W.P.No.1400 of 2025, dated 22.01.2025 wherein, the

operative portion of the order is as under:

“5. In view of the same, instead of keeping the writ petition
pending, the writ petition is disposed of directing the
respondent No.2 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.

With the above direction, the Writ Petition is disposed of. No
costs.”

4. Since the issue is similar and covered by the order of this Court, this

Writ Petition is disposed of in terms of W.P.No.1400 of 2025, directing the

respondents not to interfere with the possession of the petitioner’s property,

without following due procedure as contemplated under the Right to Fair

Resettlement Act, 2013.

5. With the above direction, the Writ Petition is disposed of. There shall be

no order as to costs.

As a sequel, the miscellaneous petitions, if any, shall stand closed.

__________________
NYAPATHY VIJAY, J
Date: 21.04.2025
SCS
4

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

53

WRIT PETITION NO: 9659/2025
Date: 21.04.2025
SCS