APHC010701792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 35981/2025 Between: 1. S. MURALI, S/O. CHINNA DORAI, AGED ABOUT 45 YRS, NAGARI DALITHA WADA, NAGARI VILLAGE AND PANCHAYATH, NAGARI MANDAL, CHITTOOR DISTRICT-517590. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF SURFACE TRANSPORT AND HIGHWAYS DEPARTMENT, BHAWAN 1, SANSAD MARG, NEW DELHI, DELHI- 110001. REPRESENTED BY ITS SECRETARY 2. NATIONAL HIGHWAYS AUTHORITY OF INDIA, G 5 AND . 6, DABRI- GURGAON RD, SECTOR 10 DWARKA, DWARKA, NEW DELHI- 110075. REPRESENTED BY ITS CHAIRMAN 3. THE PROJECT DIRECTOR/OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, CHENNAI-II, 272A, DR.SEIVI JAYAKUMAR STREET, GG NAGAR, NERUKUNDRAM, CHENNAI-600107. 4. DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR- 517002. 5. COMPETENT AUTHORITY AND LAND ACQUISITION OFFICER, REVENUE DIVISIONAL OFFICER, CHITTOOR, AT PRESENT NAGARI, CHITTOR DISTRICT-517590. 6. THASHILDAR, NAGARI MANDAL, CHITTOOR DISTRICT-517590. ...RESPONDENT(S): 2 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 direction, order or writ more particularly in the nature of writ of Mandamus to declare the action of the respondents particularly that of the Respondents 5 and 6 threatening to dispossess the petitioner from 00.16 cents of land in Sy.No.243/llB of Nagari village and Mandal, Chittoor District though the above land is not included in the Notification issued in the Gazette of India and the local newspapers issued U/sec.3A(1) of the National Highways Act and the publication made in the Gazette of India and two local newspapers made U/sec.3D(l) of the Act as arbitrary, illegal, without jurisdiction, opposed to the principles of nature justice, violative of the provisions of Land acquisition Act and National Highway Authorities Act of 1956 and Article-300A of Constitution of India and consequently direct the respondents particularly Respondents 5 and 6 not to trespass or interfere with the possession and enjoyment of petitioners land of 00.16 cents in Sy.No.243/11B of Nagari village and Mandal, Chittoor District without following due process of law 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 direct the respondents particularly Respondents 5 & 6 not to encroach into or interfere with the possession and enjoyment of petitioner's land of 00.16 cents in Sy.No. 243/1 IB of Nagari viilage and Mandai, Chittoor District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. M CHALAPATI RAO Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: <to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declare the action of the respondents particularly that of the Respondents 5 and 6 threatening to dispossess the petitioner from 00.16 cents of land in Sy.No.243/llB of Nagari village and Mandal, Chittoor District though the above land is not included in the Notification issued in the Gazette of India and the local newspapers issued U/sec. 3A(1) of the National Highways Act and the publication made in the Gazette of India and two local newspapers made U/sec.3D(l) of the Act as arbitrary, illegal, without jurisdiction, opposed to the principles of nature justice, violative of the provisions of Land acquisition Act and National Highway Authorities Act of 1956 and Article-300A of Constitution of India and consequently direct the respondents particularly Respondents 5 and 6 not to trespass or interfere with the possession and enjoyment of petitioners land of Ac.00.16 cents in Sy.No.243/11B of Nagari village and Mandal, Chittoor District without following due process of law and to pass….= 2. Heard M/s. M.Chalapathi Rao, learned counsel for the petitioner, Smt.S.Sravana Sandhya, learned standing counsel for respondent no.1 and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioner submitted that the respondents while issuing notification u/Sec.3A, 3D and 3G, the properties situated in Sy.No.243/11B of Nagari Village, Chittoor District is not notified. To support his contentions, learned counsel has placed reliance on the award u/Sec.3G in Sl.No.79 reflects only 4 Sy.No.243/11A and also even Sec.3A notice also in category II Sy.No.243/A has notified. Now without inclusion of the properties situated in Sy.No.243/11B, the respondent authorities are proceeding with acquisition of the petitioner property which is a residential house. Hence the Writ Petition. 4. Reply to the said contentions, learned Assistant Government Pleader appearing on behalf of the respondents, on instructions furnished by the Revenue Divisional Officer concerned submitted that initially the subject property is not included but based on the representation received from the petitioner, the matter has been referred to the Project Director, National Highways Authority, Chennai and a survey has been conducted with regard to whether the land in Sy.No.243/11B is required for National Highway purpose or not. Accordingly, if the land is required for widening the National Highway, the acquisition proceedings shall be initiated after issuance of statutory notification under Section 3A, 3D and 3G of the National Highway Authorities Act 1956. 5. Recording the said instructions, the authorities concerned are directed not to dispossess the petitioner from the subject property without following due process and by initiating the procedure contemplated under National Highways Authority Act 1956. No costs. 5 As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 23.12.2025 RD 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.35981 of 2025 23.12.2025 RD