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2025 DAILYLAW 49093 (AP)

PENDEKANTI RAVIKANTH v. UNION OF INDIA

WP/13930/2025 · 2025-05-24

Harinath N

body2025

Judgment text

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APHC010277122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTIONL-s=- SUNDAY,THE TWENTY FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 13930 OF 2025 Between: 1. Pendekanti Ravikanth, S/o. Pendekanti Guruvaiah, Aged about 50 years, Occ Business, R/o. D.No. 8/97, Subhash Road, Ananthapur Mandal, Ananthapur (Dt) A.P.-515001. 2. Pendekanti Kishore Kumar, S/o. Pendekanti Guravaiah, Aged about 47 years, Occ Business, R/o. D.No. 8/97, Subhash Road, Ananthapur Mandal Ananthapur (Dt), A.P.-515001. ...Petitioner(S) AND 1. Union of India, Represented by its Secretary, Ministry of Road Transport And Highways, New Delhi, 2. The National Highways Authority of India, Rep. by its Authorized Signatory, Vijayawada, 3. The Joint Collector, Land Acquisition Officer, District Collectorate Office, Anantapuram (Dt), A.P. - 515001. 4. The Revenue Divisional Officer, Ananthapuram, Ananthapuram District, A.P. 5. The Tahsildar, Mandal Revenue Officer, Ananthapuram Mandal, Ananthapuram District, A.P. - 515001 ...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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in trying to demolish the entire building admeasuring 91 Sq. yds situated in Sy. No. 2027/1 bearing D.No. 8/97, Ananthapur Mandal, Ananthapur District, when the acquisition proceedings are only for 0.210 cents in Sy. No. 2027/1 bearing D.No. 8/97, Ananthapur Mandal, Ananthapur District and without any notice, without following the prescribed procedure and without considering the representation dated 24/05/2025 and earlier representations submitted dated 13.09.2022, 09.10.2023 and 05.03.2024 as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 19 (1) (g) and 300A of the Constitution of India, and consequently direct the Respondents not to demolish the subject building of the Petitioner without any acquisition proceedings under the National High Way Authorities Act, 1956. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to demolish the building admeasuring 91 Sq. yds situated in Sy. No. 2027/1 bearing D.No. 8/97 Ananthapur Mandal, Ananthapur District and pass Counsel for the PetitionenSRI VENKATA NARAYANA RAO VEDULA Counsel for the Respondents No.1,2: SRI P PONNA RAO (CENTRAL GOVT.) Counsel for the Respondents No.3 to 5: GP FOR REVENUE The Court made the following: ORDER APHC010277122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SUNDAY, THE TWENTY FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HOUNOURABLE JUSTICE HARINATH.N WRIT PETITION NO: 13930 OF 2025 Between; Pendekanti Ravikanth and Others ...PETITIONER(S) AND Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1 .VENKATA NARAYANA RAO VEDULA Counsel for the Respondent{S): 1. The Court made the following Order; Heard learned counsel for the petitioners, learned Standing Counsel for respondent Nos.1 & 2 and learned Assistant Government Pleader appearing for respondent Nos.3 to 5. The petitioners have moved House Motion before this Court 2. reporting the way that their property ad-measuring 91 Sq.Yds., in 2 Sy.No.2027/1 bearing D.No.8/97, Ananthapur Mandal, Ananthapur District is trying to demolish by the respondents. On earlier occasion this Court vide Order dated 27.03.2024 in WP No.7633 of 2024 passed the following interim order: 3. “Smt. M. Lima Devi, learned counsel takes notice behalf of respondent No. 1. Sri S.S. Varma, learned standing counsel takes notice on behalf of respondent No. 2 and offers to file vakalat. Learned Government Pleader for Land Acquisition takes notice on behalf of respondent No. 3 and 4. Learned Assistant Government Pleader for Land Acquisition, on instructions of Tahsildar, Anantapur Urban-respondent No. 4, submits that marking is given for an extent of Ac.0-210 cents of land, bearing D.No.8/97, in survey No.2027-B of Ananthapuramu Urban and the authority will not demolish more than the extent marked. He seeks time to file counter. Learned standing counsel for respondent No. 2 submits that R & B Department, NH Division, is necessary party to the writ petition. Learned counsel for the petitioner seeks time to implead R&B Department, NH Division as party respondent. on Post on 24.04.2024. 3 It is now submitted by learned counsel for the petitioners that the respondent No.4 called the petitioners and informed that the entire building in the subject land will be demolished, as such the present Writ Petition is filed by the petitioners. 4. 5. Learned Assistant Government Pleader for Land Acquisition submits that the order dated 27.03.2024 in WP No.7633 of 204 passed in favour of the petitioners would suffice and that the petitioners were called by respondent No.4, for submission of bank account details of the petitioners, so as to enable the payment of the compensation, for the acquired land belonging to the petitioners. Learned Standing Counsel for respondent Nos.1 & 2 submits that the proposed acquisition is not for the purpose of any National Highway expansion, as such, they have absolutely no role in the 6. issue on hand. 7. The Order dated 27.03.2024 passed by this court in WP No.7633 of 2024 would suffice. That apart, the petitioners have filed the present Writ Petition without annexing the copy of pleadings in the Writ Petition No.7633 of 2024. 8. Considering the circumstances of the case, this Court finds no urgency and the grievance of the petitioners was adequately 4 addressed by this Court in the earlier round of litigation Petition No.7633 of 2024 is pending adjudication before this Court. Considering the submissions made by the learned Government Pleader for Land Acquisition that the encroached the Government Land authorities have also arrived at the petitioners for the land acquired for the public not inclined to interfere with the issue involved in the present Writ Petition. and the Writ 9. Assistant petitioners had and that the competent compensation to be paid to the purpose, this Court is 10. Accordingly, the Writ Petition is dismissed. There shall be order as to costs. no Interlocutory applications, if any, pending shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. One CC to SRI. VENKATA NARAYANA RAO VEDULA Advocate [OPUC] 2. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh at Amaravati [OUT 3. One CC to SRI. P. PONNA RAO, Advocate (CENTRAL GOVT) [OPUC] 4. Two CD Copies NM HIGH COURT DATED:25/05/2025 ORDER WP 13930/2025 m( 2 3 OCT 2025 m ★\Cuneru ieclion^^ DISMISSING THE WP WITHOUT COSTS