\ APHC010366812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18443 OF 2Q2fi Between: 1. Munasala Ramakrishna, S/o Achari, Aged about 39 Business, R/o D.No. 14-118, Neelakantavari Veedhi, Bogalinga School, Anakapaili, Anakapalli District, Andhra Pradesh. 2. Nyatha Shyamala, W/o Y. Ramesh Babu Aged about 52 Private Employee R/o D.No.7-75, NGOs Colony, Kothuru College Centre, Anakapalli, Anakapalli District - 531 001. years, Occ; Near Dadi years, Occ ...Petitioners AND 1. The Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways (MoRTH) Government of India Parliament Street, New Delhi - 110001. Transport Bhavan, 1 2. The National Highways Authority of India NHAI Represented by its Project Director, Regional Office Vijayawada, Andhra Pradesh. 3. The District Collector, Anakapalli District, Andhra Pradesh. 4. The Tahsildar, Anakapalli Mandal, Anakapalli District, Andhra Pradesh. ...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 an appropriate writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondent authorities (i) in demolishing part of the structures raised by the First Petitioner in the land ad-measuring Ac.0-11.5 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District (ii) in trying the dispossess the Petitioners from their land ad-measuring Ac.0-11.5 Cents Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District without issuing any notice or affording an opportunity to the Petitioners under the pretext of expanding the National Highway-16 (NH-16) without following the due process of law as illegal, arbitrary and violative of principles of natural justice apart from being violative of Articles, 14, 19, 21, 300A of the Constitution of India and consequently direct the Respondent Authorities not to interfere with the peaceful possession and enjoyment of the Petitioners lands ad Ac.0-11.5 Cents Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be i:: Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District. to -measuring in lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppbrt of the petition, the High Court may be pleased to direct the respondents not to interfere with the peaceful possession and enjoyment of the Petitioners over the subject land ad-measuring Ac.0-11.5 Cents & Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal & District, pending disposal of the writ petition. lA NO: 3 OF 20?.*; 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 Grant an interim direction restraining the Respondents dispossessing Petitioner or interfering with her peaceful possession and enjoyment of land the admeasuring Ac.0-06 cents in Sy.No.674/8 (now being claimed Sy.No.674/10) Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal & District. Counsel for the Petitioners: SRI VALLURU CHETAN SUSHEEL Counsel for the Respondent Nos. 1 and 2: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos. 3 and 4: GP FOR REVENUE The Court made the following order: ^4. APHC010366812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18443/2025 Between; 1.MUNASALA RAMAKRISHNA, S/0 ACHARI, AGED ABOUT 39 YEARS, OCCBUSINESS, NEELAKANTAVARI VEEDHI, SCHOOL, ANAKAPAILI, ANAKAPALLI DISTRICT, ANDHRA PRADESH. R/0 D.NO. 14-118, NEAR DADI BOGALINGA 2.. NYATHA SHYAMALA, W/0 Y. RAMESH BABU AGED ABOUT 52 YEARS, OCC PRIVATE EMPLOYEE R/0 D.NO.7-75, NGOS COLONY, KOTHURU COLLEGE CENTRE, ANAKAPALLI, ANAKAPALLI DISTRICT - 531 001. ...PETITIONER{S) AND 1.THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH) BHAVAN, 1, PARLIAMENT STREET, NEW DELHI - 110001. GOVERNMENT OF INDIA, TRANSPORT 2.THE NATIONAL HIGHWAYS AUTHORITY OF INDIA NHAI, REPRESENTED BY ITS PROJECT DIRECTOR, REGIONAL OFFIC VIJAYAWADA, ANDHRA PRADESH. 2 NV,J W.P.No. 18443 of 2025 3. THE DISTRICT COLLECTOR, ANAKAPALLI ANDHRA PRADESH. 4.THE TAHSILDAR, ANAKAPALLI MANDAL DISTRICT, ANDHRA PRADESH. DISTRICT, ANAKAPALLI ...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 an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondent authorities (i) in demolishing part of the structures raised by the First Petitioner in the land ad-measuring Ac.0-11.5 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District (ii) in trying the dispossess the Petitioners from their land ad-measuring Ac.0-11.5 Cents Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village. Anakapalli Mandal District without issuing any notice or affording an opportunity to the Petitioners under the pretext of expanding the National Highway-16 (NH-16) without following the due process of law as illegal, arbitrary and violative of principles of natural justice apart from being violative of Articles. 14. 19, 21 300A of the Constitution India and to consequently direct the Respondent Authorities [... „ interfere with the peaceful possession and enjoyment of the Petitioners lands ad-measuring Ac.0-11.5 Cents Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District and to pass lA NO: 1 OF 2025 of not to 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 respondents not to interfere with the peaceful possession and enjoyment of the Petitioners over the subject land ad-measuring Ac.0-11.5 Cents & 3 NV,J W.P.No. 18443 of 2025 Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal & District, pending disposal of the writ petition and pass lA 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 pleased to post the matter under caption 'FOR BEING MENTION' to correct the July. 2025, in I.A. 1/2025 of W.P. No. 18443 of 2025 that status quo shall be maintained by all parties regard to construction and demolition of the subject property I.e. land admeasuring Ac.0-11.5 cents and Ac.O- Sy.No.674/8 (now being claimed to be in Thommapala Sivaru, Kothavooru Village, District, and pass order dated 18th by directing concerned with 06 cents in Sy.No.674/10) of Anakapalli Mandal & lA 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 Grant an interim direction restraining the Respondents dispossessing the Petitioner or interfering with her peaceful possession and enjoyment of land admeasuring Ac.0-06 cents in Sy.No.674/8 (now being claimed Sy.No.674/10) Sivaru,Kothavooru Anakapalli Mandal & District and Thummapala Village from 2nd of pass such Counsel for the Petitioner(S): 1.VALLURU CHETAN SUSHEEL Counsel for the Respondent(S): 1.GP FOR REVENUE 2. 4 NV,J W.P.No.18443 of 2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.18443 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief; “to issue Writ of Mandamus declaring the action of the Respondent authorities (i) in demolishing part of the structures raised by the First Petitioner in the land ad measuring Ac.0-11.5 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District (ii) in trying the dispossess the Petitioners from their land ad measuring Ac.0-11.5 Cents Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District without issuing any notice or affording an opportunity to the Petitioners under the pretext of expanding the National Highway-16 (NH-16) without following the due process of law as illegal, arbitrary and violative of principles of natural justice apart from being violative of Articles, 14, 19, 21 300A of the Constitution of India and to consequently direct the Respondent Authorities not to interfere with the peaceful possession and enjoyment of the Petitioners lands ad-measuring Ac.0-11.5 Cents Ac.0-06 Cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District.” The petitioners claims to be the owners of land admeasuring an extent of Ac.0-11.5 Cents & Ac.0-06 cents in Sy.No.674/8 (Now being claimed to be in Sy.No.674/10) of Thummapala Sivaru, Kothavooru Village, Anakapalli Mandal District. The petitioners are in peaceful 2. \ 5 NV.J W.P.No. 18443 of 2025 possession and enjoyment of the subject land without any interruption whatsoever. The petitioners submit that, the respondents % are trying to interfere into the peaceful possession and enjoyment of the petitioners subject land. Questioning the action of the respondents, the present writ petition is filed. 3. During hearing, learned counsel for the petitioners touching the merits of the without case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land without following due process of law. 4. Learned Assistant Government Pleader submits event the respondents propose to evict the petitioners, the respondents would follow due process of law and requested to appropriate orders. that, in the pass 5. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and perused the material available on record. 6. When the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following process of law in view of the law declared by the Apex Court in “Rame due 6 NV,J W.P.No. 18443 of 2025 Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs/”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to dispossess the petitioners from the subject property, except by due process of law. With the above direction, the writ petition is disposed of, with the 7. consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also 8. stand closed. ^ 2004(1) see 769 Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE GOPY// SEeTIOI^FFieER To, . The Secretes. Union of India, Ministry of Road Transport and Highways (MoRTH) Government of India, Transport Bhavan, 1, Parliament Str New Delhi - 110001. 1 Authority of India NHAI Project Director, National Highways 2. The Regional Office Vijayawada, Andhra Pradesh. 3 The District Collector, Anakapalli District, Andhra Pradesh. Anakapalii District, Andhra Pradesh. 4. The Tahsildar, Anakapalli Mandal 5. One CC to Sri. Valluru Chetan Susheel Advocate [OPUC] Additional Solicitor General of India [OPUC] High Court of Andhra Pradesh [OUT] 6. OneCCto 7. Two CCS to GP for Revenue 8. Two CO Copies GSC HIGH COURT DATED:01/08/2025 ORDER WP NO. 18443 OF 2025 g( 13 AUG 2025 J Sectioa^' ★ DISPOSING THE WP WITHOUT COSTS