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2025 DAILYLAW 4296 (AP)

KALLI SATYAVATHI v. THE NATIONAL HIGH WAYS AUTHORITY OF INDIA

WP/1689/2025 · 2025-01-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE TWENTY FOURTH DAY OF JANUARY j TWO THOUSAND AND TWENTY FIVE (l PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1689 OF 2025 Between: Kalli Satyavathi, W/o. Musala Reddy, Aged about 42 years, Occ: Business (Hotel) R/o.H.No.1-145/1, Kaza Village, Mangalagiri Mandal, Guntur District, Andhra Pradesh, Pin-522503. ...PETITIONER AND 1. The National High Ways Authority of India, rep. by its Regional Manager, No. 21, Guru Nanak Colony Road, Teacher's Colony, Benz Circle, Vijayawada, Andhra Pradesh, Pin-520007. 2. The Project Director, The National High Ways Authority of India, Amaravati, at Mangalagiri, Guntur District, AP. 3. The Station House Officer, Mangalagiri Rural Police Station, Mangalagiri, Guntur District, A.P. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 more particularly one in the nature of writ of mandamus declaring the action of the Respondents in evicting the petitioner from their hotel establishment by name Reddamma Tiffin centre with the license No. TL/12414/2023, Revenue Ward No. 18, Venkat reddy Palem, Kaza Village, Mangalagiri Mandal, Mangalagiri Tadepally Municipal Corporation, Guntur District illegal, arbitrary, unconstitutional and against the principles of natural justice as \ and norms laid down under the Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 and ^ Consequently restrain the Respondents from evicting the petitioner from the . same without following due process of law. Ji lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased be pleased to direct the Respondents not to evict the petitioner from "Reddamma Tiffin Centre" with licence No. TL/02414/2023, Revenue ward No. 18, Near Toll Plaza, Venkat reddy Palem, Kaza Village, Mangalagiri Mandal, Guntur District without following due process of law pending disposal of the main writ petition. Counsel for the Petitioner: SRI D TARAKA PRASAD Counsel for the Respondent Nos. 1 & 2: MS. SODUM ANVESHA Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER APHC010030812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY. THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1689/2025 Between: Kalli Satyavathi ...PETITIONER AND The National High Ways Authority Of India and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.DTARAKA PRASAD Counsel for the Respondent{S): 1. The Court made the following: 2 / / THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1689/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “ pleased 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 evicting the petitioner from their hotel establishment by name ‘Reddamma Tiffin centre” with the license No.TL/12414/2023, Revenue Ward No. 18 Venkat reddy Paiem, Kaza Village, Mangalagiri Mandal, Mangalagiri, Tadepally Municipal Corporation, Guntur District as illegal, arbitrary unconstitutional and against the principles of natural justice and norms laid down under the Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 and Consequently restrain the Respondents from evicting the petitioner from the same without following due process of law and to pass " 2. Heard learned counsel for the petitioner and Ms. S. Anvesha, learned counsel appeared for the respondent Nos.1 and 2. 3. When the matter is taken up for hearing, the learned counsel for the petitioner submits that, the petitioner is running a hotel under the name and style of “Reddamma Tiffin Centre”, situated at Kaza toll plaza, Venkat Reddy Paiem, Kaza Village, National Highway No.16, Mangalagiri Mandal, Guntur 3 N. District since 20 years. While so, on 10.01.2025, the 2"^ respondent and his staff visited the petitioner’s hotel and attempted to evict the petitioner from the premises. When the petitioner opposed this action, the respondents left the premises. However, on 16.01.2025, the respondent Nos.2 and 3, accompanied by police personnel, once again visited the hotel and repeated the same unlawful action. The petitioner requested that the respondents to follow the due process of law for eviction under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. Aggrieved by the same, the petitioner filed the present writ petition. 4. On the other hand, Ms. S. Anvesha, learned counsel representing the respondent Nos.1 and 2 submits that the respondents will follow the due process of law as prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5. Having regard to the submissions made by both the learned counsel, this Court deems it appropriate to dispose of the present writ petition directing respondents not to interfere with the petitioner’s peaceful possession and enjoyment over the subject property, without adhering to the principles of natural justice and to follow the due process as prescribed under the Right to r 4 pR4> Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. With the above direction, the writ petition is disposed of. There shall be 6. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Regional Manager, National High Ways Authority of India, No. 21, Guru Nanak Colony Road, Teacher's Colony, Benz Circle, Vijayawada, Andhra Pradesh, Pin-520007. 2. The Project Director, The National High Ways Authority of India, Amaravati, at Mangalagiri, Guntur District, AP. 3. The Station House Officer, Mangalagiri Rural Police Station, Mangalagiri, Guntur District, A.P. 4. One CC to Sri D Taraka Prasad, Advocate [OPUC] 5. One CC to M/s. Sodum Anvesha, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Three CD Copies TF HIGH COURT DATED:24/01/2025 ORDER of r WP.No.1689 of 2025 X 3 1 JAN 2025 ^ . Current Section OgSPATCy^^ DISPOSING OF THE W.P., WITHOUT COSTS