AREGAKUTI (AVUTHU) RAMA DEVI v. THE UNION OF INDIA
WP/25844/2025 · 2025-09-24
Sumathi Jagadam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32855 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32855 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010487192025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
3459
PRESENT
THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM
WRIT PETITION No.25844 OF 2025
Between:
Aregakuti (Avuthu) Rama Devi, W/o. Late Sanjeeva Reddy, Aged about 49 years, Occ:Advocate, R/o. D.No.6-15-41, Dharmakshetram, 15/1, Arundalpet, Guntur, Guntur District.
---
Petitioner
and
1. The Union of India, Ministry of Road Transport and Highways, Rep. by its Secretary, Office at Transport Bhavan-1, Parliament Street, New Delhi-1100001.
2. The National Highways Authority of India, Rep. by its Project Director, PIU-Amaravathi (AP), 136A, 106 & 107, Vasantha Residency, Sri Lakshmi Narasimha Colony, Mangalagiri, A.P-522503. ---
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 or order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to the proceedings issued by the Respondent No.2 vide NHAI/PIU- Amaravathi/11013/13/2020/Vol.4/953, dated 25.06.2025, basing on the Circular No. RW-NH-33032/01/2017-S 86 R (R) dated 26.06.2020 which is contrary to The National Highways Act, 1956 directing my tenant to
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2 obtain access permission Highway Administration by submitting proposal through online portal, if not the access to the Petitioners property will be disconnected as illegal, arbitrary, erroneous, highhanded and in violation of Articles 14, 21 and 300-A of The Constitution of India and consequently set aside the impugned proceedings issued by the Respondent No.2 vide NHAI/PIU Amaravathi/11013/13/2020/Vol.4/953, dated 25.06.2025.
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 grant stay of all further proceedings pursuant to the proceedings issued by the NHAI/PIU- Amaravathi/11013/13/2020/Respondent No.2 vide Vol.4/953, dated 25.06.2025, pending disposal of the above Writ Petition
Counsel for the Petitioner
: A.K. Kishore Reddy
Counsel for the Respondents : Thandava Yogesh
The Court made the following:
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3
ORDER:
The petitioner is the owner and possessor of land measuring 385 sq. yards situated at Survey No. 318/H of Kaza Village, Mangalagiri Mandal, and Guntur District. The petitioner has leased the said extent to his vendor, who operates M/s. Babai Hotel. The respondents have acquired part of the petitioner’s land for the purpose of constructing NH-
16. Now, the 2nd respondent, through the impugned proceedings dated 25.06.2025, is threatening the petitioner’s vendor to disconnect the National Highway based on circular no. RW-NH-33032/01/2017- S7R9R(R) dated 26-6-2020 issued by the 1st respondent.
2.
Learned counsel for the petitioner further submits that the 2nd respondent cannot demand an access fee without conducting a proper enquiry.
3. Today, learned Standing Counsel, appearing on behalf of the 2nd respondent-NHAI, on instructions, fairly submits that the respondents are taking steps to withdraw the impugned proceedings, dated 25.06.2025, and will proceed in accordance with law.
4. In view of the submissions made by learned counsel for the petitioner and the learned Standing Counsel representing the 2nd
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4 respondent-NHAI, this Court, without delving into the case's merits, considers it appropriate to set aside the impugned proceedings, dated
25.06.2025.
5. Accordingly, the impugned proceedings, dated 25.06.2025, issued by the 2nd respondent, are set aside. However, it is open for the respondents to take appropriate decision on the representation dated 7.7.2025 in accordance with law. No order as to costs.
Consequently, Miscellaneous Applications pending, if any, shall stand closed.
__________________________ JUSTICE SUMATHI JAGADAM Date: 25.09.2025 DSH