APHC010161122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8799/2025 Between: Perumalla Vijaya Bhaskar, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K H V SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring inaction of the 2nd Respondent in not exercising its jurisdiction by numbering my appeal dated 21.10.2024 and its interlocutory petitions stay petition inspite of my representation dated 13.01.2025 to the 2nd Respondent as illegal and direct the 2nd Respondent to discharge its legitimate duty in disposing of my appeal in accordance with law until then no action 2 would take in respect of 1) 2185.35 sq. mts in S No 4372AlB of Nandigama village and 2) 80.939 sq. mts in S No 4374A2 of Nandigama village under Award dated 24.08. 2023 of the Competent AuthorityJoint Collector Palnadu in Award No 20/2023NH167AGand pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring to an extent of 9,776.8 square yards in D.No.437/1B1A1 of Nandigama Village, and having acquired the subject land through a registered gift deed dated 04.04.2013, under Document No.1838/2013, SRO, Sattenapalli, in an extent of 2,185.35 square meters in Sy. No.437-2A1B, and 80.939 square meters in Sy. No.437-4A2 through a registered partition deed dated 30.03.2013, vide Document No.1925/2013. The competent authority i.e., Joint Collector issued impugned notice dated 17.11.2023, stating that an award was passed on 24.08.2023 (Award No.20/2023). However, despite repeated requests, including one made by the petitioner’s Special Power of Attorney agent, a copy of the said award was not furnished. The petitioner is aggrieved by the notice issued vide Rc.No.479/2022-G1 by the Joint Collector, Palnadu, as it states that possession of the land will be taken without affording an opportunity to file an appeal under the National Highways Act, 1956. He further submits that, the petitioner made an application dated 22.12.2023, seeking for a certified copy of the said 3 award and the same was rejected via endorsement dated 18.12.2023. Having no other option, the petitioner preferred an appeal under Section 3G(5) of the NHAI Act, 1956, before the 2nd respondent on 21.10.2024 and also submitted a representation for its consideration. Even after receipt of the representation, the respondents’ authorities neither considered the representation of the petitioner nor issued any other proceedings. Hence, the present writ petition. 4. The learned Assistant Government Pleader for the respondents submits that the respondents authorities will consider the appeal preferred by the petitioner under Section 3G(5) of the NHAI Act, 1956, 21.10.2024 and pass appropriate orders in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and on perusal of the material placed on record and without going into the merits of the case, this Court is of the considered opinion the present Writ Petition can be disposed of by directing the 2nd respondent to consider the appeal preferred by the petitioner under section 3(G)(5) of N.H.A.I, Act, 1956, dated 21.10.2024 and pass appropriate orders in accordance with law and after providing an opportunity of hearing to the petitioner and all the parties concerned within a period of four(04) months from the date of receipt of copy of this order. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.04.2025 kkllkk 5 193 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8799 of 2025 04.04.2025 kkllkk