Extracted from the PDF above. The PDF is authoritative.
APHC010710082022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 41856/2022 Between:
1. GUTTA ADINARAYANA, S/O NAGAMUNI AGED ABOUT 65 YEARS, OCC AGRICULTURAL, R/O AMMALADINNE VILLAGE, PEDDAPAPPUR MANDAL, ANANTAPUR DISTRICT
...PETITIONER AND
1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY (LAND ACQUISATION), SECRETARIAT, VIJAYAWADA, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, ANANTPURAM DISTRICT, ANANTAPURAM, ANDHRAPRADESH. . 3. THE DEPUTY COLLECTOR, SPECIAL OFFICER FOR LAND ACQUISATION, ANANTAPURAM. 4. THE REVENUE DIVISIONAL OFFICER, ANANTPURAM DISTRICT, ANANTAPURAM, ANDHRAPRADESH. 5. THE THASILDAR, PUTLUR MANDAL, ANANTPURAM DISTRICT ANDHRAPRADESH. 6. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, ANANTAPURAM. ...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 a writ or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the inaction of the respondent Nos. I to 6 in considering the representation dated 24/08/2018 and interfering the possession of the petitioners Property in Survay No.112B extent of Ac 022 Cents, consist of seven malgis, one Bank
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and one BSNL telephone exchange of Arikativemula village, Putlur Mandal, Anantapuram District is as illegal, arbitrary and against to lawand pass IA NO: 1 OF 2022 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 respondent Nos.
1 to 6 not to interfere with the petitioner possession of the petitioner land in Survay No.112B extent of Ac 0.22 Cents, consist of seven malgis, one Bank and one BSNL telephone exchange of Arikativemula village, Putlur Mandal, Anantapuram District not to interfere with property in Survay No. 112B extent of Ac 0.22 Cents of Arikativemula village, Putlur Mandal, Anantapuram District and pass IA NO: 1 OF 2023 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 vacate the interim orders dated 26-12-2022 in IA.No. 1 of 2022 in WP.No. 41856 of 2022 and dismiss the writ petition and to pass IA NO: 2 OF 2023 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 extend the interim orders passed by this Honourable Court dated 26-12-2022 until further orders 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 pleased to restore the WP No.41856 of 2022 which is dismissed on 03.02.2025 otherwise the petitioner will be in great loss and hardship and in the interest of Justice IA NO: 2 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 may be pleased to dispense with the filing of the certified copy of the order in WP No.41856 of 2022 dated 03.02.2025 and pass IA NO: 3 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 may be pleased to extended the interim orders which was granted earlier till further orders and pass
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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 May be pleased to vacate the interim directions granted in lA No. 1 of 2022 in WP No. 41856 of 2022 dated 26.12.2022, and pass Counsel for the Petitioner:
1.
G ESWARAIAH Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. GP FOR REVENUE
3. S S VARMA (SC FOR NHAI) The Court made the following:
ORDER:-
The instant writ petition is filed challenging the inaction of the respondents in considering the representation of the petitioner dated
24.08.2018. 2. No representation on behalf of the petitioner. On 03.02.2025, the writ petition was dismissed for non-prosecution. Later, vide order dated 02.04.2025, on an application filed by the petitioner, the writ petition was restored to its file. Thereafter, several adjournments have been sought on behalf of the petitioner and on several occasions there has been no representation on behalf of the petitioner. 3. Sri P.Veera Reddy, learned Senior Counsel appearing for Sri S.S.Varma, learned Standing Counsel for National Highway Authority of India, submits that the representation alleged to have been not considered by the respondents is misconceived, as by the date of filing of the writ petition
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itself, the said representation was considered vide proceedings dated 30.08.2028 and the petitioner himself had annexed a copy of the said order to the writ petition. After four (4) years from passing of the said order, the instant writ petition is filed. It is contended that the subject land was sought to be acquired for up gradation of NH-544D connecting Tadipatri, Kolimigundla, Avuku, Banaganapalli, Gajulapalli and Giddaluru. And it is further contended that this Court vide order dated 26.12.2022 granted interim directions not to take coercive action in respect of the subject land. Any further delay in execution of the subject project of up gradation of NH-544D would cause great loss to the public exchequer, thus prays for dismissal of the writ petition as the cause would not survive for adjudication. 4. Considered the submissions. 5. A perusal of the material papers annexed to the writ petition would reflect that the representation of the petitioner dated 24.08.2018 was considered by the National Highways Authority of India (NHAI) vide proceedings dated 30.08.2018 and a copy of the same has been annexed to the writ petition as Ex. P-1. However, the relief sought in the writ petition is for mandamus declaring the inaction of the respondents 1 to 6 in considering the representation of the petitioner dated 24.08.2018 as illegal and arbitrary.
Having regard to the same, since the respondents have already passed orders on the representation dated 24.08.2018 even by the date of filing of the writ petition, cause in the writ petition would not merit for further consideration and the same is liable to be dismissed as infructuous. 5
6. In view of the foregoing, the writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 08.05.2026 ANI
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266 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO:41856 of 2022
Dated: 08.05.2026 ANI