POTHINA VENKAYAMMA v. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
WP/29528/2024 · 2025-11-09
Sumathi Jagadam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40949 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40949 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010568122024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29528/2024 Between:
1. POTHINA VENKAYAMMA, W/O LATE POTHINA APPA RAO AGE 70 YEARS, R/O 5-1/1-1/7 NATARAJSTREET.CHITTINAGAR, OPP TO MAHALAXMI TEMPLE VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH-520001
...PETITIONER AND
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, ANDHRA PRADESH REGION, PLOT NO.21, TEACHER'S COLONY, GURUNANAK NAGAR ROAD VIJAYAWADA, NTR DISTRICT, AP REP. BY ITS REGIONAL OFFICER. 2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, PLOT NO.21, TEACHER'S COLONY, GURUNANAK NAGAR ROAD VIJAYAWADA, NTR DISTRICT, AP REP. BY ITS PROJECT DIRECTOR. 3. LANCO KONDAPALLI POWER LIMITED, IDA KONDAPALLI, IBRAHMPATNAM MANDAL
NTR DISTRICT, ANDHRA PRADESH- 521228 REP.
BY ITS LIQUIDATOR
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...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 respondents in interfering with petitioner land without any notice to change the alignment of existing 400 kilovolts/high voltage transmission line of the 3rd respondent in such a manner that transmission towers/lines of the 3rd respondent will be installed in the lands of the petitioner admeasuring Ac.0.05 cents in R.S.No. 240/2 situated at Jakkampudi village, Vijayawada Rural Mandal, N.T.R District as arbitrary, illegal, without any authority and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to install any transmission tower or transmission line of the 3rd respondent in the land of the petitioner and to pass IA NO: 1 OF 2024 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 and their agents or contractors not to install any transmission tower or transmission line of the 3rd respondent in the land of the petitioner admeasuring an extent of Ac.0.05 cents in R.S.No. 240/2 situated at Jakkampudi Village, Vijayawada Rural Mandal, N.T.R District, Andhra Pradesh, pending disposal of the above writ petition and to pass 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 pleased to vacate the interim order in I.A. No. 1 of 2024 in W.P. No. 29528 of 2024 dated 13.12.2024, dismiss the writ petition and pass Counsel for the Petitioner:
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1. PASUPULATI ANITHA Counsel for the Respondent(S):
1.
PASUPULATI ANITHA Counsel for the Respondent(S):
1. PADMA RAO G S LAKKARAJU
2. P SOMA SEKHARA NAIDU The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with petitioner land without any notice to change the alignment of existing 400 kilovolts/high voltage transmission line of the 3rd respondent in such a manner that transmission towers/lines of the 3rd respondent will be installed in the lands of the petitioner admeasuring Ac.0.05 cents in R.S.No.240/2 situated at Jakkampudi village, Vijayawada Rural Mandal, N.T.R. District as arbitrary, illegal, without any authority and in violation of Article 14,21 and 300-A of the Constitution of India and consequently direct the respondents not to install any transmission tower or transmission line of the 3rd respondent in the land of the petitioner and to pass such other order or orders as this Hon’ble Court may deem fit just and proper in the circumstances of the case.”
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the record. 5 JS,J W.P.No.29528 of 2024
3. A counter affidavit as well as additional counter affidavit are filed on behalf of respondent Nos.1 and 2. In the additional counter affidavit, it is stated that during the pendency of the writ petition, the respondents have decided not to install any transmission towers in the petitioner’s land and have adopted an alternate alignment for laying the transmission line. 4. Recording the statement made by respondent Nos.1 and 2 in the additional counter affidavit, the Writ Petition is closed. However, it is open to the petitioner to approach this Court, in case any fresh cause arises. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ____________________ SUMATHI JAGADAM, J 10th November, 2025 cbs
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HON’BLE SMT. JUSTICE SUMATHI JAGADAM
W.P.No.29528 of 2024
10th November, 2025 cbs