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2025 DAILYLAW 16396 (AP)

BODAM RAJA GOPALA REDDY v. THE STATE OF ANDHRA PRADESH

WP/11275/2025 · 2025-05-06

Subba Reddy Satti

body2025

Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11275 OF 2025 Between: 1. Bodam Raja Gopala Reddy, S/o. Bodam Chinna Narayana Reddy, Aged about 40 Years Putlur Mandal, Ananthapuram District, A.P R/o.H.No 8/20, Goparajupalle Village. 2. Bayigadda Najahath Begum, D o.B.Masthan Vali Aged about 31 Years, R/o H.No.6-249, Gajulapalem 6th Ward, Tadipatri Town, Tadipatri Mandal. Ananthapuram District. A.P 3. Bayigadda Haji Basha, S/o. B.Masthan Vali Aged about 27 Years. R/o.H No.6-249, Gajulapalem Ward, Tadipatri Town, Tadipatri Mandal, 6th V Ananthapuram District, A.P 4. Bayigadda Rijwan Basha, S/o. B.Masthan Vali Aged about 23 Years, R/o. H.No. 6-249, Gajulapalem 6th Ward, Tadipatri Town, Tadipatri Mandal, Ananthapuram District, A.P 5. Chittemreddy Rameswarareddy, S/o.C.Bali Reddy. Aged about 49 Years, R/o.3-1081, Gannevaripalle Colony Gannevaripalle, Tadipatri Rural, Tadipatri, Anantapuram District, A.P. X ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary. Energy Department, A.P. Secretariat, Velagapudi, Guntur District, (f Andhra Pradesh- 522 503. 2.^ National Highway Authority of India (NHAI), Office at Plot No 21. Guru Nanak Colony Road, Teacher's Colony, Benz Circle, Vijayawada. Andhra Pradesh 520007. Represented by its Regional Officer / 3. National Highway Authority of India (NHAI), Office at Plot No.21, Guru Nanak Colony Road, Teacher's Colony, Benz Circle, Vijayawada, Andhra Pradesh 520007, Represented by its Project Officer 4. transmission Corporation of Andhra Pradesh Limited (AP TRANSCO), Vidyut Soudha, Gunadala, Eluru Rd, Vijayawada, Andhra Pradesh 520004, Rep.by its superintending Engineer, Ananthapuram, A.P 5. The District Collector and District Magistrate, Ananthapuram, A.P 6. M/s. MEIL Anantapur Roadways Private Limited, (Megha Engineering and Infrastructures Ltd., Anantapur Roadways Private Limited), An ISO 9001-2008 certified company S-2, Techocrat Industrial Estate, Balanagar, Hyderabad-500037, Telangana (India), Represented by its Associate General Manager (Electrical) ...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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondent Nos.2 to 6 herein in shifting of Electric Lines pertaining to 4th Respondent Le AP Transco for execution of work pertaining to 4 laning of road from existing km 39.380 to km 74.540 of Muchukota Bugga section of NH 544D and thereby contemplating to erect and lay transmission lines through Sy No. 1355 F Plot Nos3,4,5,6,7,8,9 and 10 of Tadipatri Village lands. Gannevaripalle Gram-Panchayat. Tadipatri Rural. Tadipatri, A. Pie Subject Properties belonging to the Petitioners herein respectively, without there being any notification with regard to the Subject Properties, without issuing any notice, without acquiring the same, without paying compensation to the Petitioners herein, without according any opportunity to the Petitioner hererft and without following due process of law as wholly illegal, arbitrary, unjust, untenable, contrary to principles of Natural Justice, besides being violative of Article 14. 21 and 300-A of Constitution of India, besides being contrary to the provisions of The Electricity Act, 2003 and Indian Telegraph Act, 1885 and consequently direct the respondents herein not to transmission lines through Sy No.1355-F. Plot No's 3, 4, 5, 6, 7. 8, 9, 10 of Tadipatri Village lands, Gannevaripalle Gram Panchayat Tadipatri Rural, Tadipatri, A.P i.e. Subject Properties, without providing compensation to Petitioners, without following due process of law 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 respondent proceed with the erection/ laying of transmission lines through Sy.No. 1355-F. Plot Np's.3,; 4, 5, 6, 7, 8, 9 , 10 of Tadipatri Village lands, Gannevaripalle Gram-Panchayat, Tadipatri Rural, Tadipatri. A.Pie. Subject Properties Counsel for the Petitioner: ASSOCIATES Counsel for the Respondents No.2 & 3: SMT. SODUM ANVESHA, Standing Counsel Counsel for the Respondent Npi4: SRI T SRIRAM REPRESENTING SRI V VSATISH, STANDING COUSNEL Counsel for the Respondent No.5: C3P FOR REVENUE The^ourt made the following: . i ■03 V' ■‘'W; '1 L.. Page 1 of 3 APHC010216192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE SUBBA WRIT PETITION NO: 1127.^/909/; 0i'S [3331] 0 WEDNESDAY,THE SEVENTH REDDY SATTI Between: Bodam Raja Gopala Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh Counsel for the 1.CKR ASSOCIATES Counsel for the Respondent(S): ^ CHAUDHARY ADVOCATES 2.GP FOR ENERGY and Others ...RESPONDENT(S) Petit!oner(S): AND SOLICITORS Th% Qpurt made the following ORDER: Heard, Sri N. Sai Phandira Kumar, CKR Associates, for the petitioners; counsel for respondents 2 and 3; Sri V.V. Satish, learned learned counsel representing M/s. standing Smt. Sodum Anvesha, learned Sri T. Sriram, learned counsel, standing counsel for representing respondent No.4; Sri Bhagat Singh, learned Assistant Goverrfment Pleader for Revenue, for respondent No.5. 2. LTHe above writ petition is filed to declare the action of to 6 in shifting the electric Muchukota-Bugga Section respondents 2 to km.74.540 of NH-544D, to the petitioners’ plots 3 to 10 in rvey 0.1355-F. Tadipatri Village lands, Gannevaripalle Gram Panchayat, lines from existing Km.39.380 Tadipatri Rural, Tadipatri and arbitrary. , A.P. without following due process of law, as illegal 3. Learned ^'ve in number counsel for the petitioners purchased the and thus, they are the absolute plots. In April 2025, the petitioners the national highway lines. He would adhering to the Learned submit that r Indian Telegraph Act would submit that the petitioners, registered sale deeds of the aforementioned respective plots under owners and possessors ‘ oame to know that due undertaking the shifting '■ccpondents, while shifting -a-vis payment of to the expansion of - respondent No.2 is of electrical the lines, are not submit that the procedure vis compensation. 4. counsel for the respondent No.4, the procedure 1885 and the Electricity Act on the other hand. respondent No.4 will follow would mandated under the 2003. 5. Learned compensation will G.O.Rt.No.83, dated 20.06.2017. counsel for respondents, 2 & .3 and 4 would submit Collector, (Pr.ll.A2) Department that the be determined Energy, Infrastructur by the District as per o & Investment, b- Given the above facts the merits of the and circumstances of the case, without touching case, this writ petition i's disposed of at the counsel on either side with consent of learned to adhere to the admission stage, directing respondent No.4 Electricity Act in respect of the procedure mandated and G.O.Rt.No.83 dated 20.06.2017 aforementioned plots. No under the Telegraph Act, regarding compensation costs. As a sequel. pending miscellaneous petitions, if any, shall stand closed. Sd/- K SRINIVASA RAJU //true copy// '^^^'stant registrar SECfl^ OFFICER To, ^ Secretary The Secretanat, Velagapudi State of Andhra Pradesh Amaravathi, Guntur Districf ’ Energy Department, 2. The Regional Officer, National Highway Authority of India NHAI, Office at Plot No 21. Guru Nanak Colony Road, Teacher's Colony, Benz Circle, Vijayawada. Andhra Pradesh 520007. 3. The Project Officer, National Highway Authority of India NHAI, Office at Plot No.21, Guru Nanak Colony Road, Teacher's Colony, Benz Circle, Vijayawada, Andhra Pradesh 520007 4.The Superintending Engineer, Transmission Corporation of Andhra Pradesh Limited AP TRANSCO, Vidyut Soudha, Gunadala, Eluru Rd, Vijayawada, Andhra Pradesh 520004, Ananthapuram, A.P 5.The District Collector and District Magistrate, Ananthapuram, A.P e.The Associate General Manager (Electrical), M/s MEIL Anantapur Roadways Private Limited Megha Engineering and Infrastructures Ltd, Anantapur Roadways Private Limited), An ISO 9001-2008 certified company S-2, Techocrat Industrial Estate, Balanagar, Hyderabad-500037, Telangana (India) 7. One CC to SRI V V SATISH, Standing Counsel [OPUC] 8. One CC to SRI CKR ASSOCIATES Advocate [OPUC] 9. One CC to Smt. Sodum Anvesha, Standing Counsel [OPUC] 10. One CC to SRI GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 11. Three CD Copies X ■“1 HIGH COURT SRS,J DATED:07/05/2025 ORDER X WP.No.11275 of 2025 DISPOSING THE WRIT PETITION WITH NO COSTS