APHC010013352021 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) ./■ ( MONDAY,THE ELEVENTH DAY OF AUGU TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1021 OF 2021 Between: Chadalavada Venkata Sudheer Kumar, S/o. Chadalavada Sambasiva Rao Aged about 33 years, R/o.Labblpct, Represented by his General Power of Attorney Holder, Sambasiva Rao, S/o. Narasimha Rao, Aged about 60 years, R/o.Labbipet, Vijayawada, Krishna District Vijayawada, Krishna District Chadalavada ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue A.P. Secretariat at Velagapudi, Amaravathi, Guntur Department, District . 2. The National Highways Authority of India, Represented by its Project Director, Project Implementation Unit, Vanamali Complex, Gurunanak Nagar, Vijayawada 520 007 3. The Joint Collector-cum-Land Acquisition Officer, National Authority of India, Guntur 4. The District CoHecto^dshna District at Machilipatnam 5. The Union of India, Represented by its Secretary, Ministry of Road Transport and Highways, New Delhi 110 001 6. The Sub-Collector, Tenali, Guntur District. Highways (R6 is impleaded as per the Court's Order dt.08.07.2025 in I..A.No.03 of 2025 in Writ Petition and affidavit) ...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 mostly one which is in the nature of a Writ of mandamus declaring the action of the Respondents in taking steps for formation and laying of Vijayawada bypass road through Plot No.28 admeasuring 500 sq yds in R.S.No.355/2A (Part) & 355/1B (Part) of NavuJuru* Gram Panchayat Mangalagiri Mandal, Guntur District without acquisition under the provisions of land acquisition laws as illegal, irregular arbitrary unconstftutional unjustified and unsustainable holding that the Respondents shall not lay and form any road through the Petitioner’s aforesaid property. lA NO: 1 OF 2021 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 stay all further proceedings of the Respondents from dispossession of the Petitioner Jn any* manner in respect of his Plot No.28 admeasuring 500 sq.yds., in R.S.No.355/2A (Part) & 355/IB (Part) of Navuluru Gram Panchayat, Mangalagiri Mandal, Guntur District for formation of the Vijayawada Bypass Road through the said plot. Counsel for the Petitioner: SRI SURAGANI KRISHNA VAMSI Counsel for the Respondent Nos.1,4 & 6: GP FOR REVENUE Counsel for the Respondent No.2:SRI S. S. VARMA (SC FOR NHAI) Counsel for the Respondent No.3:GP FOR LAND ACQUISITION Counsel for the Respondent No.5:SRI MANNAVA APARAJITHA (CENTRAL GOVT. COUNSEL) The Court made the following order; (Mm APHC010013352021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY.THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1021/2021 Between; 1 .CHADALAVADA VENKATA SUDHEER KUMAR,, S/0. CHADALAVADA SAMBASIVA RAO, AGED ABOUT 33 YEARS, R/O.LABBIPCT, VIJAYAWADA, KRISHNA DISTRICT REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER, CHADALAVADA SAMBASIVA RAO. S/0. NARASIMHA RAO, AGED ABOUT 60 YEARS. R/O.LABBIPET, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. A.P. SECRETARIAT AT VELAGAPUDl. AMARAVATHI, GUNTUR DISTRICT 2.THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, VANAMALI COMPLEX, GURUNANAK NAGAR, VIJAYAWADA 520 007 3.THE JOINT COLLECTORCUMLAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, GUNTUR 4.THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM 5.THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS. NEW DELHI 110 001 BKiVJS W.P.NO.1021 OF^ZOzf R6 IS 6.THE SUBCOLLECTOR, TENALI, GUNTUR DISTRICT. IMPLEADED AS PER THE COURT'S ORDER DT.08.07 2025 I.A.NO. 03 OF 2025. IN ...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 mostly one which is in the nature of a Writ of mandamus declaring the action of the Respondents in taking steps for formation and laying of Vijayawada bypass road through Plot No.28 admeasuring 500 sq yds in R.S.No.355/2A (Part) and 355/1B (Part) of Navuluru Gram Panchayat Mangalagiri Mandal, Guntur District without acquisition under the provisions of land acquisition laws illegal, irregular arbitrary unconstitutional unjustified and holding that the Respondents shall not lay and form any road through the Petitioner 039s aforesaid property IANO:1OF2021 as unsustainable 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 stay all further proceedings of the Respondents from dispossession of the Petitioner in any manner in respect of his Plot No.28 admeasuring 500 sq.yds., in R.S.No.355/2A (Part) & 355/IB (Part) of Navuluru Gram Panchayat, Mangalagiri Mandal, Guntur District for formation Vijayawada Bypass Road through the said plot and pass of the 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 pleased to delete the name of the 3rd respondent i.e.. Joint Collector, Guntur and inforporate the name of Sub-Collector, Tenali as 3rd Respondent in the above 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 grant leave to the Respondent No.3 in the WP No.1021/2021 to file counter affidavit in the above writ petition and lA NO: 3 OF 2025 pass 3 BKM,J W.P.N0.10210F 2021 under Section 151 CPC praying that in the circumstances stated Petition in the affidavit fiied in support of the petition, the High Court may be pleased pleased to implead the proposed Respondent No.6 as the Party Respondent No.6 in W.P.No.1021/2021 and pass Counsel for the Petitioner; 1.SURAGAN1 KRISHNA VAMSI Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION (AP) 3.S S VARMA (SC FOR NHAl) 4.MANNAVA APARAJ1THA(CENTRAL GOVT COUNSEL) The Court made the following: 4 BKMJ* W.P.NO.1021 OF ?021 %■ ORDER:- Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.2 to 5 and the learned Assistant Government Pleader for the other respondents. This Writ Petition was filed questioning the action of the respondents in taking steps for formation and laying of Vijayawada bypass road in plot No.28 admeasuring 500 Sq.yards in R.S.No.355/2A (part) & 355/1 B(part) of Navuluru Village, Mangalagiri Mandal, Guntur District without acquisition under the provisions of the land acquisition laws. 2. 3. The learned counsel for the petitioner submits that the subject plot in Sy.No.355/IB (part) was not acquired for the national highway. That is the case for the remaining extent of the land which was acquired, for which the compensation has to be paid and the same has to be determined by the authorities concerned, in accordance with law. nd 4. On the other hand, the learned Standing Counsel appearing for the 2 respondent, relying upon the counter of the said respondent submits that the possession of the land was handed over by the CALA & RDO, Guntur to the P.D., NHAI, PIU, Vijayawada on 20.01.2014 including the petitioner’s land situated in R.S.No.355/2 of Navuluru Village. The landholders who have not received the compensation for their lands/plots under acquisition have to approach the CALA & RDO, Guntur to prove the title over the land. The possession of land in R.S.No.355/2 of Navuluru Village has been handed over by the CALA & RDO, Guntur to the P.D., NHAI, Vijayawada on 20.01.2014, by duly following the due procedure as per NH Act, 1956. The learned Assistant Government Pleader relying upon the counter of the 3'"'^ respondent submits that according to the RSR Navuluru Village, Sy.No.355 is consisting of seven subdivisions, namely 355/1 A, 355/IB, 355/1C, 355/ID, 355/IE, 355/2A and 355/2B, to a total extent of Ac.12.06 cents. This entire extent including all the sub-divisions, were acquired by 5. 5 30 BKM^ W.P.N0.10210F202T per the Award No.3/1989, dated 10.03.1989. VGTM-UDA, Vijayawada Subsequently, the sub-divisions 355/1 A, 355/IB 355/2A and 355/2B as 355/1C, 355/ID, 355/IE were clubbed under Award No.3/18, dated 10.02.1989 issued by the Special Deputy Collector(LA), VGTM-UDA, collectively as Survey No.355 with and were recorded a total extent of Ac.12-06 cents. Now only survey number 355 is existing physically, since all the sub-divisions dubbed together. The erstwhile VGTM UDA Vijayawada acquired Ac.108.23 of land at Nowluru Village of Mangalagiri Mandal scheme, vide award No.3/1989, dated 10.03.1989 and were an extent of under expansion prepared layouts in the name of Amaravathi Township, vide LP No.05/2000. Later on, an extent of 312316.09 Squ.mtrs in the village of Nowluru the Central Government for the was proposed for acquisition by purpose of formation of Vijayawada by-pass of widening/extending 4 lane to 6 lane of NH-5 from Vijayawada-Gundugolanu in the State of Andhra Pradesh. A notice of section from Km 0.40 to 16.000 intention to acquire the land as per the provisions of NH Act, 1956 Section 3(A). was published vide S.0.2665(E) dated 25.11.2011 in the extraordinary issue No.2242, dated 25.11.2011 Part-ll Sec3, Sub Sec. India and II of the Gazette of same has been published in the required places and land acquisition process was started and the said land was acquired vide award of land acquisition for the NH N0.8/2013/NH-5, dated 12.08.2013. At the time project, the existing, survey number 355 was sub divided into three sub in the sub division divisions as 355/1, 355/2 and 355/3. The subject plots fell of 355/2. The Nationai Highway acquired the entire subject Sy.No.355/2 ot extent of Ac.2-87 cents and paid the compensation vide dated 12.08.2013. The petitioner and his vendor an award No.8/2013, were under misconception as part of the acquisition for the National that their plot was not included Highways. 6. in view of the above said facts and circumstances and upon rival submissions made, it is to be seen that as about the subject plots fell into the sub-division Sy.No.355/2, which was acquired in total extent for the national V, 6 ■ BKM,J W.P.NO.1021 OF 2021 acquisition process, hence, the petitioner is payment of compensation to highways as per tho above said directed to approach the respondent for the the subject plots establishing their claim the necessary documents in support of the claim, as expeditiously as possible within a period of one (01) month from the date of over the said property by enclosing all receipt of this order. On receipt of such representation from the petitioner, the 3^" respondent is directed to consider and dispose of the same strictly in accordance with, by hearing all the parties concerned, including the petitioner herein, opportunity and upon consideration of the material available giving due on record and the on its own merits and the made to the a period of four (04) subject site, appropriate decision shall be taken payment of compensation if any as per the entitlement shall be petitioner as expeditiously possible preferably within as months thereafter. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shaii stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Principal Secretary, Revenue Department. State of Andhra Guntur District of India, Project Vanamali Complex, Gurunanak Nagar, Pradesh, A.P. Secretariat at Velagapudi, Amaravathi 2. The Project Director, National Highways Authority Implementation Unit, Vijayawada 520 007 3. The Joint Collector-cum-Land Acquisition Officer, National Highways Authority of India, Guntur 4. The District Collector, Krishna District at Machilipatnam 5. The Secretary, Ministry of Road Transport India, New Delhi 110 001 and Highways, Union of 6. The Sub-Collector, Tenali, Guntur District. 7. One CC to Sri Suragani Krishna Vamsi Advocate [OPUC] 8. One CC to Sri S. S. Varma (SC for NHAI) [OPUC] 9. One CC to Sri Mannava Aparajitha (Central Govt. Counsel) [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb ■# HIGH COURT DATED:11/08/2025 ORDER WP No.1021 OF 2021 DISPOSING OF THE W.P. WITHOUT COSTS 1