Shaik Mohiddeen Vs the State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2025)

Shaik Mohiddeen Vs the State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2025)

[3457]

APHC010651882025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33676/2025

Between:

SHAIK MOHIDDEEN, S/O.SHAIK HASAN SAHEB, AGED ABOUT 80 YEARS, R/O H.NO.27-949, VENKATASWAMY STREET, TELEPHONE COLONY, CHITTOOR, CHITTOOR DISTRICT - 517002.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REPRSENTED BY ITS PRINCIPAL SECRETORY MUNICIAPI ADMINISTRATION, VELAGAPUDI.AMARAVATHI, GUNTUR DISTRICT.

THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR.

THE CHITTOR MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, CHITTOOR TOWN,CHITTOOR DISTRICT

THE ASST CITY PLANNER, CHITTOOR MUNICIPAL CORPORATION CHITTOR TOWN, CHITTOR 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 to issue an order or direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondents in interfering with the petitioner dry land admeasuring 5893 sq. ft. in Survey No. 370-1 and 371A, Kattamachi Village, Katha, Sambhiah Khandiga, Kattamanchi Road, Chittoor District, without issuing any notice, without following due process of law, and without payment of compensation, as illegal, arbitrary and

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unconstitutional and consequently, direct the respondents not to interfere with the petitioner peaceful possession and enjoyment of the said property except in accordance with law and upon payment of just compensation and pass

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 to direct the respondents, their men, agents, servants, and subordinates not to interfere with the petitioner dry land situated in Survey No. 370-1 and 371A, admeasuring 5893 sq. ft., located at Sambhiah Khandiga, Kattamanchi Road, Chittoor District, within the limits of Chittoor Municipal Corporation; and pass

Counsel for the Petitioner:

1.GURAVAIAH T

Counsel for the Respondent(S):

1.GP FOR REVENUE

2.GP MUNCIPAL ADMN AND URBAN DEV AP

The Court made the following:

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Order:-

The learned counsel for the petitioner submits that the petitioner is apprehending dispossession by the respondent Nos.3 and 4 under the guise of widening the road from Kattamachi Village to Sambhiah Khandiga Road, Chittoor District.

It is submitted that the petitioner is the owner and possessor of land admeasuring 547.5 square yards in Survey Nos.370-1 and 371-A of Kattamachi Village, Katha, Sambhiah Khandiga, Kattamanchi Road, Chittoor District, and has been in peaceful possession and enjoyment ever since its purchase in the year 1992. The respondent Nos.3 and 4 are now repeatedly holding out threats of dispossessing the petitioner under the guise of requiring the petitioner’s land for widening of the road.

It is submitted that the petitioner is not coming in the way of any developmental activity of the respondents. However, it is submitted that the respondents ought to follow the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in the event the petitioner’s property is required for road widening or for any public purpose.

The learned Standing Counsel appearing for the respondent Nos.3 and 4, on oral instructions, submits that if the petitioner’s property is required for acquisition, the respondents shall follow the due process of law.

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Recording the same, this Writ Petition is closed. There shall be no order

as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

____________________

JUSTICE HARINATH.N 05.12.2025 PNS