Extracted from the PDF above. The PDF is authoritative.
APHC010426262025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 22134/2025 Between:
1. KAPULAPALLI SUNKI REDDY, S/O. K. RAMAKRISHNA REDDY, AGED ABOUT 47 YEARS, OCC AGRICULTURIST, R/O. H.NO. 2-181-1, JUTURU VILLAGE, PAMULAPADU MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH - 518
401.
...PETITIONER AND
1. UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAVAN, 1, PARLIAMENT STREET, REP. BY ITS SECRETARY, NEW DELHI - 110001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G 5 AND 6, SECTOR 10, DWARAKA, NEW DELHI-110 075.
3. THE PROJECT DIRECTOR, NHAI NANDYAL, ANDHRA PRADESH.
4. THE EXECUTIVE ENGINEER, R AND B DIVISION, NANDYAL, NANDYAL DISTRICT.
5. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, KURNOOL DISTRICT, ANDHRA PRADESH.
6. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, NANDYAL DISTRICT, ANDHRA PRADESH.
7. THE REVENUE DIVISIONAL OFFICER RDO, ATMAKUR DIVISION.
8. THE TAHSILDAR, PAMULAPADU MANDAL, NANDYAL 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of Respondents herein in trying to forcefully interfere with the land of the Petitioner in Sy. Nos.737-C2 admeasuring Ac. 0.66 cents
2 situated in Juturu Village, Pamulapadu Mandal, Nandyal District as being illegal, arbitrary, unconstitutional and consequently pass direct the Respondents herein to follow due process of law before interfering with the property of the Petitioner.
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 to direct the Respondents not to interfere with the peaceful possession and enjoyment of the land admeasuring Ac. 0.66 cents in Sy.Nos.737-C2 situated in Juturu Village, Pamulapadu Mandal, Nandyal District without following due process of law, pending disposal of the above Writ Petition.
Counsel for the Petitioner:
1. VARUN BYREDDY
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR REVENUE
3. --
The Court made the following:
3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO. 22134 of 2025
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents herein in trying to forcefully interfere with the land of the Petitioner in Sy. Nos.737-C2 admeasuring Ac. 0.66 cents situated in Juturu Village, Pamulapadu Mandal, Nandyal District as being illegal, arbitrary, unconstitutional and consequently direct the Respondents herein to follow due process of law before interfering with the property of the Petitioner and pass such other order(s) as this Hon’ble Court deems fit and proper in the circumstances of the case.”
2.
Learned counsel for the petitioner would submit that the competent authority acquired an extent of Ac.0.17 cents of the petitioner’s land for road widening of 2/4 lane NH-340C (National Highway) in Survey No.783/F1 situated in Jutur Village, Pamulapadu Mandal, Nandyal District and paid compensation to the petitioner. Even after acquiring the same, the respondents are trying to interfere with the adjacent land of the petitioner in Survey No.737-C2, without following the due process of law and in violation of the National Highways Act, 1956. Therefore, the present writ petition is filed to direct the respondents if at all the respondents intends to acquire the subject land for the purpose of road widening of 2/4 lane NH-340C in Survey No.737-C2, they should follow the procedure as contemplated in law.
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3. Learned Assistant Government Pleader has placed the proceedings, dated 20.08.2025, addressed by the Joint Collector and CALA (Competent Authority for Land Acquisition), Nandyal. It transpires that the allegation of the writ petitioner that the land in Survey No.737 C2 extent Ac.0.66 cents was acquired is not true. The land in an extent of Ac.0.29 cents in Survey No.783/F1/B1 of Jutur Village of Pamulapadu Mandal has been additionally acquired for the purpose of widening of National Highways No.340C. The status of the acquisition of this land was in award stage.
4. In view of the assertions made in the proceedings, dated 20.08.2025 of the Joint Collector and CALA, this Court deems it appropriate to dispose of this writ petition, at the admission stage, directing the respondents to follow the procedure as per law established, if at all they intended to acquire the subject land of the writ petitioner.
5. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 21.08.2025 SPP
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
Writ Petition No:22134 of 2025
Date : 21.08.2025
SPP