APHC010353062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18259 OF 2025 Between: Vella Venkata Rao, S/o. Tirupathayya, Male, aged 80 years, R/o. D. No.4-09, Annavaram Village, Sankavaram Mandal, East Godavari District. ...Petitioner AND 1. The Union of India, Rep. by its National Highway Authority, New Delhi. 2. The State of Andhra Pradesh, Rep. by its the Principal Secretary R and B Department, Secretariat, Amaravathi, Guntur District. 3. The State of Andhra Pradesh, Rep. by its the Principal Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District. 4. The Project Director, National Highway Authority of India, Diwancheruvu, Rajamahendravaram East Godavari District. 5. The District Collector, Kakinada, Kakinada District (Ernst East Godavari District). 6. The Authorized Officer, M/s. Anakapally Tollway Pvt. Ltd. National Highway East Godavari Authority of India, Vempadu Village, Vempadu Toll Plaza District. 7. The Revenue Divisional Officer, Peddapuram, Peddapuram Mandal, Kakinada District (Ernst East Godavari District). 8. The Tahsildar, Tahsildar Office, Sankavaram Mandal, Kakinada District (Ernst East Godavari District). ...Respondents % Petitjon under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be MANDAMUS declaring the action of the r pleased to issue a WRIT OF respondents in trying to acquire my School in the name of 'Satya Sai School site which was an extent of acres 0.10 cents out of acres 1.04 cents out of acres 3.71 cents in Survey No. 108-2, 109 situated at Arempudi Revenue Village Annavaram, Sankavaram Mandal, East Godavari District by 5th respondent without following Provision of Andhra Pradesh Revnue Act, 1971 and Land Acquisition Act, 1894, without measuring the land, for an extent of acres 0.10 cents in Survey Nos. 108-2, 109 situated at Arempudi Revenue Village, Annavaram, Sankavaram Mandal, East Godavari District and set aside the illegal proceedings of 5th respondent under guise of Notice - 1, dated 02-07-2025, under Land Acquisition Act with intention to wrongful loss to the petitioner on the ground of 'Road extension', as illegal, improper, unjust, arbitrary, violative of Article 300-A and 21 of the Constitution of India. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 5th Respondent not to demolish my property i.e.. School compound wall, without due course of law for an extent of acres 0.10 cents out of acres 1.04 cents out of acres 3.71 cents in Survey No. 108-2, 109 situated at Arempudi Revenue Village,Annavaram, Sankavaram Mandal, East Godavari District under Land Acquisition Act, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI GANDHAM SR PRASAD Counsel for the Respondent No.1: SRI P PONNA RAO (SC FOR CENTRAL GOVT) 1 Counsel for the Respondent No.2: GP FOR ROADS & BUILDINGS Counsel for the Respondents No.3,5;GP FOR REVENUE No.4,6: SRI MUDUNURI ANAND KUMAR Counsel for the Respondents (SC FOR NHAI) The Court made the following order; a APHC010353062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3331] WEDNESDAY.THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18259/2025 Between: 1.VELLA VENKATA RAO,, S/0. TIRUPATHAYYA YEARS, R/O. D. NO.4-09 MANDAL, EAST GODAVARI DISTRICT. MALE, AGED 80 ANNAVARAM VILLAGE, SANKAVARAM ...PETITIONER AND UNION OF INDIA, REP. BY ITS NATIONAL HIGHWAY 1.THE AUTHORITY, NEW DELHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS THE PRINCIPAL B DEPARTMENT, SECRETARIAT, SECRETARY R AND AMARAVATHI, GUNTUR DISTRICT. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS THE PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, AMARAVATHI, GUNTUR DISTRICT. 4 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF EAST DIWANCHERUVU, RAJAMAHENDRAVARAM INDIA, GODAVARI DISTRICT. 5.THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT (ERNST EAST GODAVARI DISTRICT). 6.THE AUTHORIZED OFFICER, M/S. ANAKAPALLY TOLLWAY PVT. NATIONAL HIGHWAY AUTHORITY OF INDIA, VEMPADU VILLAGE, VEMPADU TOLL PLAZA, EAST GODAVARI DISTRICT. LTD. 2 7.THE REVENUE PEDDAPURAM MANUAL, GODAVARI DISTRICT). DIVISIONAL OFFICER, KAKINADA DISTRICT (ERNST EAST PEDDAPURAM 8.TF1E TAHSILDAR, TAFISILDAR OFFICE SANKAVARAM MANDAL, KAKINADA DISTRICT (ERNST EAST GODAVARI 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 a WRIT OF MANDAMUS declaring the action of the respondents in trying to acquire my School in the name of 'Satya Sai School' site which was an extent of acres 0.10 cents out of acres 1.04 cents out of acres 3.71 cents in Survey No. 108-2, 109 situated at Arempudi Revenue Village Annavaram, Sankavaram Mandal, East Godavari District by 5th respondent without following Provision of Andhra Pradesh Revnue Act, 1971 and Land Acquisition Act, 1894, without measuring the land, for an extent of acres 0.10 cents in Survey Nos. 108-2, 109 situated at Arempudi Revenue Village, Annavaram, Sankavaram Mandal, East Godavari District aside the illegal proceedings of 5th respondent under guise of Notice - 1, dated 02-07-2025, under Land Acquisition Act with intention to wrongful loss to the petitioner on the ground of 'Road extension', as illegal, improper, unjust, arbitrary, violative of Article 300-A and 21 of the Constitution of India and pass lA NO: 1 OF 2025 and set 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 5th Respondent not to demolish my property i.e.. School compound wall, without due course of law for an extent of acres 0.10 cents out of acres 1.04 cents out of acres 3.71 cents in Survey No. 108-2, 109 situated at Arempudi Revenue Village, Annavaram, Sankavaram Mandal, East Godavari District under Land Acquisition Act, pending disposal of the above Writ Petition as pass Counsel for the Petitioner: 1.GANDHAM SR PRASAD 3 % Counsel for the Respondent{S): 1.GP FOR ROADS BUILDINGS 2.GP FOR REVENUE 3. 4.MUDUNURI ANAND KUMAR (SC FOR NHAI) The Court made the followingORDER: Fleard, Sri Gandham S.R.Prasad, learned counsel for the petitioner, Sri Anand Kumar, learned counsel for respondents 1, 4 and 6, learned Assistant Government Pleader for Roads & Buildings for the 2""^ respondent and learned Assistant Government Pleader for Revenue for respondents 3, 5, 7 & 8. The grievance of the petitioner is that the 6*^ respondent issued a notice dated 01.07.2025 (Ex.P.3) to the petitioner, pointing out unauthorised construction of a wall, though the petitioner constructed the wall in his private place. 2. Learned counsel for the petitioner submits that an extent of Ac.0-29 cents in Sy.No.109-2 of Arempudi Revenue Village, Annavaram, Sankavaram Mandal was acquired for road widening and an Award was passed vide NO.E/1586/NFI/2001,dated 30.09.2002.Thereafter, the petitioner constructed a compound wall. The 6'*^ respondent is trying to demolish the said structure. 3. th Learned standing counsel on instructions would submit that the 6 respondent is not taking any action as of now. He submits that if the petitioner submits an explanation to the notice dated 01.07.2025 (Ex.P.3), the same will be considered by the 6*^ respondent and appropriate orders. 4. In reply, learned counsel for the petitioner submits that the petitioner will submit an explanation to the notice dated 01.07.2025 within two (2) weeks from today. 5. 4 6. Given the facts and circumstances of the disposed of at the admission stage with the consent of learned counsel either side, giving liberty to the petitioner to submit notice dated 01.07.2025 within two (2) weeks from respondent. Upon receipt of such explanation, the 6'" consider the same and pass appropriate orders strictly as per the Rules. Till such time, the respondents 4 to 6 shall not interfere with the school being by the petitioner to an extent of Ac.0-10 cents out of Ac. 1 -04 case, the writ petition is on an explanation to the today to the 6 respondent shall th run cents out of Ac.3- 71 cents in Sy.Nos.108-2 and 109 of Arempudi Revenue Village, Annavaram, Sankavaram Mandal, East Godavari District, without following due No order as to costs. process. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M. SRI.NIV.AS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFRCER To, 1. The National Highway Authority, Union of India, New Delhi. 2. The Principal Secretary, State of Andhra Pradesh, R and B Department, Secretariat, Amaravathi, Guntur District. 3. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Amaravathi, Guntur District. 4. The Project Director, National Highway Authority of India, Diwancheruvu, Rajamahendravaram, East Godavari District. 5. The District Collector, Kakinada, Kakinada District (Ernst East Godavari District). 6. The Authorized Officer, M/s. Anakapally Tollway Pvt. Ltd. National Highway Authority of India, Vempadu Village, Vempadu Toll Plaza, East Godavari District. 7. The Revenue Divisional Officer, Peddapuram, Peddapuram Mandal, Kakinada District (Ernst East Godavari District). 8. The Tahsildar, Tahsildar Office, Sankavaram Mandal, Kakinada District (Ernst East Godavari District). GANDHAM SR PRASAD, Advocate [OPUC] GP FOR ROADS & 9. One CC to SRI. 10. Two CCs to Pradesh [OUT] 11. Two CCs to GP FOR 12. One CC to SRI. P. PONNA RAO buildings High Court of Andhra REVENUE, High Court of Andhra Pradesh [OUT] (SC FOR CENTRAL GOVT) Advocate [OPUC] 13. One CC to SRI. [OPUC] 14. Two CD Copies MUDUNURI ANAND KUMAR, (SC FOR NHAI) Advocate NM HIGH COURT DATED:23/07/2025 ORDER WP NO. 18259 OF 2025 DISPOSING OF THE WP WITHOUT COSTS