Extracted from the PDF above. The PDF is authoritative.
APHC010296812023
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE 9 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15228/2023 Between:
1. GUNDREDDY GOPI,, S/O. SATYANARAYANA, AGED 46 YEARS, OCC. BUSINESS, R/O. 72, G.N.CHETTY ROAD, T. NAGAR, NEAR PANAGAL PARK,
THIYAGARAYYA NAGAR,
CHENNAI, TAMILNADU-600017
1. UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G 5 AND 6, SECTOR 110075
3. PROJECT DIRECTOR, PIU, MACHILIPATNAM,(PROJECT IMPLEMENTING UNIT)
4. THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATLA
5. THE COMPETENT AUTHORITY, LAND ACQUISITION CTFLIBM. AND JOINT COLLECTOR-II, GUNTUR, GUNTUR DISTRICT
6. THE TAHSILDAR, BAPATLA MANDAL, BAPATLA DISTRICT
7. EXECUTIVE ENGINEER, RANDB MANDAL, BAPATLA DISTRICT
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 nature of WRIT OF MANDAMUS declaring the action of the Respondents in issuing notifications under Sections 3A, 3D and 3G of The National Highways Act, 1956, and passing of corresponding award vide Rc.No.5443/2012 illegal, unconstitutional offending Article 300 W.P.No.15228 o 2023 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15228/2023 GOPI,, S/O. SATYANARAYANA, AGED 46 YEARS, OCC. BUSINESS, R/O. 72, G.N.CHETTY ROAD, T. NAGAR, NEAR PANAGAL PARK,
THIYAGARAYYA NAGAR,
CHENNAI,
...PETITIONER AND UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G 5 AND 6, SECTOR-10, DWARAKA, NEW DELHI PROJECT DIRECTOR, PIU, MACHILIPATNAM,(PROJECT UNIT) THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATLA THE COMPETENT AUTHORITY, LAND ACQUISITION CTFLIBM.
AND II, GUNTUR, GUNTUR DISTRICT THE TAHSILDAR, BAPATLA MANDAL, BAPATLA DISTRICT EXECUTIVE ENGINEER, RANDB DEPARTMENT, BAPATLA MANDAL, BAPATLA 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 issue a Writ, or Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in issuing notifications under Sections 3A, 3D and 3G of The National Highways Act, 1956, and passing of corresponding award vide Rc.No.5443/2012 illegal, unconstitutional offending Article 300-A and as violative of Principles of RC,J W.P.No.15228 o 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI GOPI,, S/O. SATYANARAYANA, AGED 46 YEARS, OCC. BUSINESS, R/O. 72, G.N.CHETTY ROAD, T. NAGAR, NEAR PANAGAL PARK,
THIYAGARAYYA NAGAR,
CHENNAI, ...PETITIONER UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1, NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS 10, DWARAKA, NEW DELHI- PROJECT DIRECTOR, PIU, MACHILIPATNAM,(PROJECT THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATLA THE COMPETENT AUTHORITY, LAND ACQUISITION CTFLIBM.
AND THE TAHSILDAR, BAPATLA MANDAL, BAPATLA DISTRICT DEPARTMENT, BAPATLA ...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 Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in issuing notifications under Sections 3A, 3D and 3G of The National Highways Act, 1956, and passing of corresponding award vide Rc.No.5443/2012-G2as A and as violative of Principles of
RC,J W.P.No.15228 o 2023 2
Natural Justice and, consequently, quash the same and restore to the Petitioner the possession vested in the 1st Respondent 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 to direct the Respondents not to disturb the possession of the Petitioner over the subject-land in 2934 Sq.Mts in SurveyNo.949-lsituated in Bapatla Municipal area, Bapatla Mandal, Guntur District, and 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 to permit the Petitioner to file this additional affidavit along with documents annexed, in the interests of justice and equity, and pass IA NO: 1 OF 2024 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 vacate the interim orders dated.21.07.2023 in lA No.1 of 2023 in WP No. 15228 of 2023 and dismiss the writ petition as it is devoid of merits and pass 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 this Hon'ble Court may be pleased to permit me to withdraw the instant writ petition, without adjudication on merits, with liberty to invoke and pursue the remedy of statutory arbitration under Section 3G(5) of the National Highways Act, 1956, in respect of Award bearing Rc.
No. 5443/2012-G2, leaving open all contentions available to me concerning determination of compensation, including interest on any enhanced or excess amount and other statutory benefits, if any, as may be permissible in law; and pass such other order or orders Counsel for the Petitioner:
1. LAKSHMINARAYANA V Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. GP FOR REVENUE
3. S S VARMA (SC FOR NHAI)
RC,J W.P.No.15228 o 2023 3
ORDER
I.A.No.1 of 2026 filed seeking liberty to withdraw the writ petition with liberty is allowed.
Accordingly, this Writ Petition is dismissed as withdrawn granting liberty to the petitioner to invoke and pursue the remedy of statutory arbitration under Section 3G(5) of the National Highways Act, 1956, in respect of Award bearing Rc.No.5443/2012-G2, leaving open all the contentions available to me concerning determination of compensation, including interest on any enhanced or excess amount and other statutory benefits. There shall be no
order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI 9TH September, 2026.
RR