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High Court of Andhra Pradesh · body

2025 DAILYLAW 40780 (AP)

SMT. U.Venkata Lakshmamma v. Union of India,

WP/46806/2016 · 2025-11-19

Sumathi Jagadam

body2025

Judgment text

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APHC010345422016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 46806/2016 Between: 1. SMT. U.VENKATA LAKSHMAMMA, W/O. VENKATESWARA REDDY, AGED ABOUT 55 YEARS, R/O. H.NO.46/' M-20,FLAT NO. 105, BRUNDAVAN ARCADE, BUDHWARPETA, NEAR G.G.HOSPITAL, KURNOOL CITY & DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF TRANSPORT, ROADS, HIGH WAYS, REP. BY ITS SECRETARY, SURFACE TRANSPORT, NEW DELHI. 2. THE NATIONAL HIGH WAYS AUTHORITY OF INDIA, P.I.U., ANANTAPUR, REP. BY ITS PROJECT DIRECTOR. 3. THE TAHSILDAR KALLUR MANDAL KALLUR KURNOOL 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 toto issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in trying to demolish the compound wall of the petitioner built on the property to an extent of 586.66 Sq. yards in Sy.No.774/1 of Lakshmipurann Gram panchayat, Kallur Mandal, Kurnool District without putting any notice or giving any opportunity as being illegal, arbitrary, unjust, improper and is in legation of principles of natural justice besides in violation of Articles 21 and 300-A of the Constitution of India, consequently direct the respondents not to interfere with the peaceful 2 JS,J W.P.No.46806/2016 possession and enjoyment of the aforesaid property without following due process of law by demolition or otherwise, and pass IA NO: 1 OF 2016(WPMP 57640 OF 2016 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 interefere with the peaceful possession and enjoyment of the property to an extent of 586.66 Sq. yards in Sy.No.774/1 of Lakshmipuram cram panchayat, Kallur Mandal, Kurnool District of the petitioner including compound wall erected thereon by demolition or otherwise, pending disposal of the above writ petition and pass IA NO: 1 OF 2017(WPMP 5046 OF 2017 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 Counsel for the Petitioner: 1. J U M V PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. S S VARMA (SC FOR NHAI) The Court made the following: 3 JS,J W.P.No.46806/2016 ORDER: During the course of hearing, learned standing counsel for Central Government, on the written instructions received from the 3rd respondent vide Rc.B.53/2025, dated 12.11.2025, submits that the petitioner’s property/compound wall to an extent of 586.66 sq.yards in Sy.No.774/1 of lakshmipuram Gram Panchayat, Kallur Mandal, Kurnool District, has not been acquired and demolished by the respondent authorities. At present, the petitioner is in peaceful possession and enjoyment of the said property. 2. On the other hand, learned counsel for the petitioner submits that the writ petition may be disposed of by recording the submission made by the learned standing counsel for Central Government. 3. In view of the above, recording the submission made by the learned standing counsel for Central Government, the Writ Petition is disposed of. However, if the respondents intend to take over the possession of the petitioner’s property, they shall follow the due process of law. No order as to costs. As a sequel, miscellaneous pending applications, if any, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM Date: 20.11.2025 SCH/CBS 4 JS,J W.P.No.46806/2016 3 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 46806/2016 Date: 20.11.2025 SCH