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2025 DAILYLAW 44718 (AP)

TIKKANA DEMUDU v. THE UNION OF INDIA

WP/13443/2023 · 2025-12-23

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010252892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13443 of 2023 Between: 1. TIKKANA DEMUDU, S/O LATE RAMULU, AGED ABOUT 55 YEARS, OCC.FARMER, R/O APPANNAPALEM VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT. 2. TIKKANA CHINA DEMUDU,, S/O LATE SANYASI, AGED ABOUT 59 YEARS, OCC.FARMER, R/O APPANNAPALEM VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT. 3. TIKKANA ABADDAM,, S/O LATE RAMULU, AGED ABOUT 43_YEARS, OCC.FARMER, R/O APPANNAPALEM VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE UNION OF INDIA, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, REPRESENTED BY JOINT SECRETARY, TRANSPORT BHAWAN,1, PARLIAMENT STREET, NEW DELHI-110001. 2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G-5AND6, SECTOR-20, DWARKA, NEW DELHI-75. 3. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT,VIZIANAGARAM, HANUMANTHAVAKA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT-530040. 4. THE SPECIAL DEPUTY COLLECTOR, THOTAPALLI BARRIAGE PROJECT UNIT-1, PARVATHIPURAM, PARVATIPURAM MANYAM DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER CUMCOMPETENT AUTHORITY, VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT. 2 6. THE TAHASILDAR, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT. 7. TIKKANA BANGARAMMA, W/O LATE PEDADEMUDU, R/O RAYARAJUPETA VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT. 8. KONA LAKSHMI, W/O RAMBABU, R/O RAYARAJUPETA VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT. 9. TIKKANA SANYASAPPADU, S/O LATE PEDA DEMUDU R/O RAYARAJUPETA VILLAGE, KOTHAVALASA MANDAL, VIZIANAGARAM 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 to issue a writ or order more particularly on in the nature of Mandamus declaring the action of the respondents 2 to 5 in not paying compensation to petitioners for laying National Highway and interchange through 1st petitioner's land to an extent of Ac 0.87 cents in Sy No.1/1, 2nd petitioner's land to an extent of Ac 0.98 cents in Sy No. 1 / 2 and 1st and 3rd petitioner's land to an extent of Ac 0.69 cents in Sy No. 1 / 3 of Datti Village, Kothavalasa Mandal, Vizianagaram District is illegal, arbitrary and violative of Article 14, 21 and 300-A of Constitution of India and contrary to the provisions of The National Highways Act, 1956 and consequently direct the respondents to pay compensation. Counsel for the Petitioner(S): 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. S S VARMA (SC FOR NHAI) 3. G RAMA GOPAL The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "….to issue a writ or order more particularly on in the nature of Mandamus declaring the action of the respondents 2 to 5 in not paying compensation to petitioners for laying National Highway and interchange through 1st petitioner's land to an extent of Ac.0.87 cents in Sy.No.1/1, 2nd petitioner's land to an extent of Ac.0.98 cents in Sy.No.1/2 and 1st and 3rd petitioner's land to an extent of Ac.0.69 cents in Sy.No.1/3 of Datti Village, Kothavalasa Mandal, Vizianagaram District is illegal, arbitrary and violative of Article 14, 21 and 300-A of Constitution of India and contrary to the provisions of The National Highways Act, 1956, and consequently, direct the respondents to pay compensation and pass such other orders….." 2. Learned counsel for the writ petitioners would submit that pending consideration of the Writ Petition, the respondent authorities have paid the compensation to the petitioners herein and therefore nothing survives in this Writ Petition to adjudicate further. 3. Learned counsel for the respondents 7 to 9 would request this Court to grant permission to them to avail the remedy against disbursement of compensation in favour of the petitioners. 4. Accordingly, the Writ Petition is closed and permission is accorded to the respondents 7 to 9 to file appropriate proceedings 4 before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.12.2025 Siva/JLSR 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13443 of 2023 Date: 24.12.2025 Siva/JLSR