Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 44636 (AP)

J NAGALAKSHMAIAH v. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA

WP/9582/2025 · 2025-04-15

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

«( [3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE hdv^ PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR / WRIT PETITION NO: 9582 OF 2025 / Between: 1. J. Nagalakshmaiah, S/o J'Subbaiah, Aged about 61 Years, H.No.7 Rudravaram, Jutur, Kurnool District. 2. Jala Pullayya, S/o Busanna; (Aged about 60 Years, R/o D.No.3 - 7, Pamulapadu, Rudravaram, Jutur, Kurnool District. 3. N.Venkateswarlu, S/o N.Venkatappa, Aged about 56 Years, H.No.3 - 171, BC Colony, Rudravaram, Jutur, Kurnool District. 4. N.Devendrudu, S/o N.Raniakrishna, Aged Rudravaram, BC Colony, Jutur, Kurnool District. about 45 Years, ...WRIT PETITIONERS AND 1. The National Highways Authority Of India, Regional Office at 41 - 28/4 - 53, Melleparaju Balaraju Street Represented by the Project Director. Krishna Lanka, Vijayawada, 2. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Revenue (Land Acquisition), Secretariat Building Velagapudi, Amaravati, Guntur District. 3. The District Collector, Nandyal District, Nandyal. 4. Competent Authority cum Joint Collector, Nandyal. 5. The Revenue Divisional Officer, Atmakur Division, Nandyal District. ...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 a Writ more particularly one in the nature of Writ of Mandamus, i. Declaring the action of the Respondents herein in threatening and attempting to illegally and unauthorizedly acquire property to an extent of Ac.0.21 Cents in Sy.Nos.618C arid 619 of Rudravaram Village, Pamulapdu Mandalam, Atmakur Sub Registration District, Nandyal Registration District. Nandyal District (previously Kurnool District) for the purposes of upgradation of National Highway No.340 - C (Kurnool to Dornala), without issuance of any proceedings as per the Righj to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and without payment of Compensation as being illegal, arbitrary, unjust, violative Principles of Natural Justice, violative of the Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and violative of Articles 14 Constitution of India; of provisions of the Right to Fair 21 and 300A of the ii. Consequently direct the Respondents to not interfere with the peaceful possession and enjoyment of the Petitioners in the property to an extent of Ac.0.21 Cents in Sy.Nos.618C and 619 of Rudravaram Village. Pamulapd Mandalam, Atmakur Sub Registration District, Nandyal Registration District, Nandyal District (previously Kurnool District) except by following the due procedure of law 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 to direct the Respondents herein to not interfere with the peaceful possession and enjoyment of the Petitioners in the property to an extent of Ac.0.21 Cents in Sy.Nos.618C and 619 of Rudravaram Village, Pamulapdu Mandalam, Atmakur' Sub Registration District, Nandyal Registration District, Nandyal District (previously Kurnool District). Counsel for the Petitioner(s):SRI. VIVEKANANDA VIRUPAKSHA Counsel for the Respondents: GP FOR LAND ACQUISITION Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI SS VARMA, SC FOR NHAI The Court made the following ': , V - , ■ .' APHC010190222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO; 9582/2025 Between: J Nagalakshmaiah and Others ...PETITIONER(S) AND The National Highways Authority Of India ...RESPONDENT(S) and Others Counsel for the Petitioner(S): 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1.GP FOR LAND ACQUISITION 2. 2 The Court made the following order: The present writ petition is filed seeking the following relief: to issue a Writ more particularly one in the nature of Writ of Mandamus I. Declaring the action of the Respondents herein in threatening and attempting to Illegally and unauthorizedly acquire property to an extent of Ac.0.21 Cents in Sy.Nos.618C and 619 of Rudravaram Village, Pamulapdu Mandalam, Atmakur Sub Registration District, Nandyal Registration District, Nandyal District previously Kurnool District for the purposes of upgradation of National Highway No. 340- C Kurnool to Dornala without issuance of any proceedings as per the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and without payment of Compensation as being illegal, arbitrary, unjust, violative of Principles of Natural Justice, violative of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and violative of Articles 14, 21 and 300A of the Constitution of India a. Consequently direct the Respondents to not interfere with the peaceful possession and enjoyment of the Petitioners in the property to an extent of Ac.0.21 Cents in Sy.Nos.618C and 619 of Rudravaram Village, Pamulapdu Mandalam, Atmakur Sub Registration District, Nandyal Registration District, Nandyal District previously Kurnool District except by following the due procedure of law and pass such other order or orders ” The petitioner claims that he is the absolute owner and possessor of land admeasuring an extent of Ac.0.12 cents in Sy.No.618/C and an extent of Ac.0.6 cents in 2. 3 Sy.No.619, similarly the 2"^ petitioner claims that he i- of land admeasuring an extent of Ac.0.12 cents i . Sy.No.618C, likewise the 3^^ petitioner claims that he is the owner of land admeasuring an extent of Ac.0.10 cents in Sy.No.619 and the petitioner claims that he is the owner of land admeasuring an extent of Ac.0.05 cents in Sy.No.619 of Rudravaram Village, Pamulapadu Mandalam, Atmakur Sub Registration District, Nandyal District. It is further case of the petitioners that, out of total lands claimed by them, a portion of land was acquired by the respondents for the purpose of upgradation of National Highway No.340-C(Kurnool Dornala) after following the procedure IS owner in to as per National Highways Act, 1956. After acquisition, the petitioner No.1 retained an extent of Ac.0.04 cents Ac.0.01 cent in Sy.No.619/2 and 618/C and 2"^ petitioner retained of Ac.0.07 cents in Sy.No.618C. It is further case of the petitioners the respondent authorities without an extent acquiring the remaining lands of the petitioners, are illegally entering into their respective properties and threatening to dispossess without following due process of law. Questioning the action of the respondents, the present writ petition came to be said filed. 4 3. On the other hand, learned Standing Counsel for the 1®‘ respondent placed on record the written instructions dated 15.04.2025, furnished by the 1®* respondent. On perusal of the said instructions it is stated that the 1"‘ respondent did not interfere with the possession of the petitioners which retained by them.. were In view of the above submissions, the present writ petition is disposed of, directing the respondent authorities not to interfere with the petitioners’ possession over the subject lands, except in accordance with law. 4. 5. With the above direction, the present writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- P VINOD KUMAR assistant registrar SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Acquisition),state of Andhra Pradesh; Secretariat Building, Velagapudi • Amaravati, Guntur District.[By Special Messenger) Department of Revenue (Land 2. The National Highways Authority Of India, Regional Office at 41 - 28/4 -' 53, Melleparaju Balaraju Street, Krishna Lanka, Vijayawada, Represented by the Project Director. 3. The District Collector, Nandyal District, Nandyal. 4. Competent Authority cum Joint Collector, Nandyal. 5. The Revenue Divisional Officer, Atmakur Division, Nandyal District.[2 TO 5 by RPAD] 6. One CC to SRI. VIVEKANANDA VIRUPAKSHA Advocate [OPUC] 7. One CC to SRI SS VARMA, SC FOR NHAI [OPUC] 8. Two CC's to GP for Land Acquisition, High Court of A.P. [OPUC] 9. Two CC's to GP for Revenue, High Court of A.P. [OPUC] Three CD Copies 10. HIGH COURT DATED:16/04/2025 ORDER WP.No.9582 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS