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APHC010510942025 IN THE HIGH COURT OF ANDHRA PRADESH/ijJs^v' AT AMARAVATI {Special Original Jurisdiction) IS r- ‘ r," iV ril >! i O WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBE^O^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR 26425, 26428. 26434^ RAO miT PETITION NOS: 26412, 26416. 26418. 26423
26474. 26475 AND 26497 OF 2025 WRIT PETITION NO: 26412 OF 202.^ Between: Smt.Balam Ramanamma, W/o. Ramanamma, Aged 51 years, R/o. D.No.7-41, B.C. Colony, Lakkavarapukota, Vizianagaram-535161. ...Petitioner AND
1. Uraon of India, Ministry of Road Transport AND Highways (MoRTH) Office of Bhavan-1, Parliament Street, New Delhi-t tOOOt Rep by its Secretary. ’
2. The Minis^ of Road Transport and Highways, (MoRTH), Rep by its Regional Officer, 4t-29-45A, Near Kodanda ^ IX • u 1 . Rarrialayam, Chalasani Nagan Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh J. The Executive Engineer, (R and B) Visakhapatnam. 4. The Joint Collector, Vizianagaram District Cantonment Cantonment, Vizianagaram, A.P- 535002. 5. The Competent Authority, (L.A.-NH-516B) Officer, Vizianagaram. 6. The Tahsildar, Vizianagaram District. National Highways Division, Road, -cum- Revenue Divisional Lakkavarapukota Village and Mandal (L. Kota) ...Respondents of India praying that in the the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith. pleased to issue writ order or orders, especially in the form of a Writ of Mandamus declaring the action of the 5th and 6th respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of my property admeasuring Ac.0.04 74 cents in Sy.No.503/5 and 227 sq.yards in Sy.No.503/1, 9TH Ward, Lakkavarapukota Village AND Panchayati Kothavalasa Sub-Division, Vizianagaram District, without any valid notice or unconstitutional, and interfere with my possession acquisition proceedings, as highly illegal, arbitrary, and consequently direct the respondents not to except in accordance with law. lA NO: 1 OF 2{)?fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court grant an interim direction restraining the 5 deputies and staff, from interfering with the peaceful may be pleased to and 6th respondents, their possession and enjoyment of the petitioner's property admeasuring Ac.0.04 % cents in sq. yards in Sy.No.503/1, 9TH Ward, Lakkavarapukota Village AND Panchayati, Kothavalasa Sub-Division, Vizianagaram District, Without following due process of law.
Sy.No.503/5 and 227 Counsel for the Petitioner: SRI ARRABOLU SAI Counsel for the Respondent No 1 ■ OF INDIA Counsel for the Respondent Nos.2 AND Counsel for the Respondent Nos. APHC010511002025 NAVEEN ADDITIONAL SOLICITOR GENERAL 3: SRI SS VARMA, SC FOR NHAI 1 to 6: GP FOR LAND ACQUISITION 0 WRIT PETITION NO: 26416 OF 2025 Between:
Sri. Jami Appalaraju, S/o. Jami Kannayya, Aged 67 years, R/o. Flat No.22, Satyanarayanapuram, Near VUDA Colony, Chinamushidivada, Pendurthi, Visakhapatnam ...Petitioner AND
1. Union of India, Ministry of Road Transport and Highways (MoRTH), Office of Bhavan-1, Parliament Street, New Delhi-110001, Rep. by its Secretary. 2. The Ministry of Road Transport and Highways, (MoRTH) Rep. by its Regional Officer, 41-29-45A, Near Kodanda Rarnalayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. The Executive Engineer, (R and B) National Highways Division, Visakhapatnam. 4. The Joint Collector, Vizianagaram District, Cantonment Road, Cantonment, Vizianagaram, A.P- 535002. 5. The Competent Authority (L A NH516B)- cum -Revenue Divisional Officer, Vizianagaram. 6. The Tahsildar, Lakkavarapukota Village and Mandal (L. Kota), Vizianagaram District. ...Respondents 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 writ order orders, especially in the form of a Writ of Mandamus declaring the action of the 5th and 6th respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of property admeasuring 580.8 sq. yards situated at Sy.No.367/19, 9th Ward of Lakkavarapukota Revenue, Lakkavarapukota Village and Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without any valid notice or acquisition proceedings, as highly illegal, arbitrary, and unconstitutional, and or my
consequently direct the respondents not to interfere with except in accordance with law. my possession lA 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 to grant an interim direction restraining the 5th and 6th respondents, their deputies and staff, from interfering with the peaceful possession and enjoyment of the petitioner’s property admeasuring 580.8 sq. yards situated at Sy.No.367/19, 9th Ward of Lakkavarapukota Revenue, Lakkavarapukota Village & Panchayati, Kothavalasa Sub-Division, Vizianagaram without following due process of law.
Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION District, APHC010507092025 WRIT PETITION NO: 26418 OF 2025 Between: Sri Vechalapu Venkataramana, S/o. V. Ramunaidu, R/o. H.No.5-30, Lakkavarapukota, L. Kota, Vizianagaram-535161. ...Petitioner AND
1. Union of India, Ministry of Road Transport Highways (MoRTH) of Bhavan-1, Padiament Street Secretary. 2
2. The Ministry of Road Transport and Highways (MoRTH), Rep. by its Regional Officer, 41-29-45A, Near Kodanda Ramalayam, Chatasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. The Executive Engineer (R and B), National Highways Visakhapatnam. 4. 4. The Joint Collector, Vizianagaram District, Cantonment, Vizianagaram, A.P- 535002. 5. , Office New Delhi-110001, Rep. by its Division, Cantonment Road,
5. The Competent Authority (L A NH516B)-cum-Revenue Divisional Officer, Vizianagaram. 6. 6. The Tahsildar, Vizianagaram District. Lakkavarapukota Village Mandal (L. Kota), ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue writ order or orders, especially in the form of Mandamus declaring the action of the 5TH and may be a Writ of respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of my property admeasuring 169.4 sq. yards situated at Sy.No.388-20, 9TH of Lakkavarapukota Revenue, Lakkavarapukota Village and Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without Ward any valid notice or unconstitutional, and interfere with my possession acquisition proceedings, as highly illegal, arbitrary, and consequently direct the respondents not to except in accordance with law. lA NO: 1 OF 202.^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit flied in support of the petition, the High Court may be pleased to grant an interim direction restraining the 5THand 6TH respondents, their
deputies and staff, from interfering with the peaceful possession and enjoyment of the petitioner’s property admeasuring 169.4 sq. yards situated at Sy.No.388-20, Ward of Lakkavarapukota Revenue, Lakkavarapukota Village and Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without following due process of law.
Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION APHC010511052025 WRIT PETITION NO: 26423 OF 2025 Between: Smt. Vennu Jagadeeswari, years, R/o. D.No.8-63/4, Flat No. 105 Santhosh Nagar, Visakhapatnam District W/o. Vennu Satyanarayana, Aged 53 Annapurna Residency, Cheemalapalle, 0pp. Sail Yard, Vepagunta, ...Petitioner AND
1. Union of India, Ministry of Road Transport AND Highways (MoRTH) Office of Bhavan-1, Parliament Street, New Delhi-110001, Rep. by its Secretary. 2. The Ministry of Road Transport and Highways MoRTH, Rep. by Regional Officer, 41-29-45A, Near Kodanda Ramalayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. its
3. The Executive Engineer, (R AND B) National Highways Division, Visakhapatnam. 4. The Joint Collector, Vizianagaram District Cantonment, Vizianagaram, A.P- 535002. 5. The Competent Authority, (L.A.-NH-516B) -cum- Revenue Divisional Officer, Vizianagaram. 6. The Tahsildar, Lakkavarapukota Village AND Mandal (L. Kota) Vizianagaram District. Cantonment Road, ...Respondents 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 writ order or orders, especially in the form of a Writ of Mandamus declaring the action of the 5th and 6th respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of property admeasuring 0.05 cents situated at Sy.No.367/19, 9TH Ward of Lakkavarapukota my Revenue, Lakkavarapukota Village and Panchayati, Kothavalasa Sub- Division, Vizianagaram District, without any valid notice or acquisition proceedings, as highly illegal, arbitrary, and unconstitutional, and consequently direct the respondents not to interfere with my possession except in accordance with law. lA 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 to grant an interim direction restraining the 5th and 6th respondents, their deputies and staff, from interfering with the peaceful enjoyment of the petitioner’s property admeasuring 0.05 cents situated at Sy. No. 367/19, 9TH Ward of Lakkavarapukota Revenue, Lakkavarapukota Village & Panchayati, Kothavalasa Sub-Division, Vizianagaram without following due process of law.
possession and District,
Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION APHC010507112025 I @2^ WRIT PETITION NO: 26425 OF 2025 Between: Sri Jami Sree Rama Murthy, S/o Jami Kannayya R/o. D.No.7-94, Jami Veedhi, Lakkavarapukota, Vizianagaram-535161. ...Petitioner AND
1. Union of India, Ministry of Road Transport and Highways (MoRTH), Office of Bhavan-1, Parliament Street, New Delhi-110001, Rep. by its Secretary. 2. The Ministry of Road Transport and Highways (MoRTH), Rep. by its Regional Officer, 41-29-45A, Near Kodanda Ramalayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. The Executive Engineer (R and B), National Highways Division, Visakhapatnam. 4. The Joint Collector, Vizianagaram District, Cantonment Road, Cantonment, Vizianagaram, A.P- 535002. 5. The Competent Authority (L A NH516B), -cum- Revenue Divisional Officer, Vizianagaram. 6. The Tahsildar, Lakkavarapukota Village and Mandal Vizianagaram District. (L. Kota), ...Respondents 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 writ order orders, especially in the form of a Writ of or Mandamus declaring the action of the 5th and 6th respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of my property admeasuring an extent of Ac.0.23 1/2 cents situated in Sy.No.377/2, Lakkavarapukota Village and Panchayati, Kothavalasa Sub- Division, Vizianagaram District, without any valid notice or acquisition proceedings as highly illegal, arbitrary and unconstitutional and consequently direct the respondents not to interfere with my possession except in accordance with law. lA 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 to grant an interim direction restraining the 5th and 6th respondents, their deputies and staff, from interfering with the peaceful possession and enjoyment of the petitioner’s property admeasuring Ac.0.2314 cents situated at Sy.No.377/2, Lakkavarapukota Village and Panchayati, Kothavalasa Sub- Division, Vizianagaram District, without following due process of law.
Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION
APHC010510922025 WRIT PETITION NO: 26428 OF 2025 Between: Smt. Yadia Ramanamma,, W/o. Sriram Murthy aged 53 years R/o. D.No.1- 58, Panugant, Miliu Street, Chanduluru, Viztanagaram. ...Petitioner AND
1. Union Of India, Ministry of Road Transport and Highways (MoRTH) Office of Bhavan-1, Parliament Street, New Delhi-110001, Rep. by its Secretary. 2. The Ministry of Road Transport and Highways (MoRTH), Rep. by its 41-29-45A, Near Kodanda Ramalayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. The Executive Engineer R and B, National Highways Division, Visakhapatnam. 4. The Joint Collector, Vizianagaram District Cantonment Cantonment, Vizianagaram, A.P-535002. 5. The Competent Authority L A NH516Bcum Revenue Divisional Officer, Vizianagaram. 6. The Tahsildar, Lakkavarapukota Village and Vizianagaram District. Regional Officer, Road, Mandal (L. Kota) ...Respondents 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 writ order or orders, especially in the form of a Writ of Mandamus declaring the action of the 5th and 6th respondents, their deputies
and staff, in interfering with my peaceful possession and enjoyment of my property admeasuring 242 sq. yards situated at Sy.No.503/1P, 9th Ward of Lakkavarapukota Revenue, Lakkavarapukota Village and Kothavalasa Sub- Division, Vizianagaram District, without any valid notice or acquisition proceedings, as highly illegal, arbitrary, and unconstitutional, and consequently direct the respondents not to interfere with except in accordance with law.
Panchayati my possession lA 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 to grant an interim direction restraining the 5th and 6th respondents, their deputies and staff, from interfering with the peaceful possession and enjoyment of the petitioner’s property admeasuring 242 sq. yards situated at Sy.No.503/1P, gth Ward of Lakkavarapukota Revenue, Lakkavarapukota Village & Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without following due process of law. Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION APHC010511082025 w 0^ WRIT PETITION NO: 26434 OF 2025 Between: Smt Budi Varalaxmi, W/o. B. Venkatarao, Aged 54 years, R/o D.No.7- 26, Gajulurega, Vizianagaram Mandal, Vizianagaram District. ...Petitioner AND
1. Union of India, Ministry of Road Transport and Highways (MoRTH), Office of Bhavan-1, Parliament Street, New Delhi-110001, Rep. by its Secretary. 2. The Ministry of Road Transport and Highways (MoRTH), Rep. by its Regional Officer, 41-29-45A, Near Kodanda Ramalayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. The Executive Engineer, (R and B), Visakhapatnam. 4. The Joint Collector, Vizianagaram District Cantonment Road, Cantonment, Vizianagaram, A.P- 535002. 5. The Competent Authority, (L.A.-NH-516B) -cum- Revenue Divisional Officer, Vizianagaram. 6. The Tahsildar, Lakkavarapukota Village AND Mandal (L. Kota) Vizianagaram District.
National Highways Division, ...Respondents 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 writ order orders, especially in the form of a Writ Of Mandamus declaring the action of the 5th and 6th respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of property admeasuring Ac.0.05 cents situated at Sy.No.367/19, 9TH Ward of Lakkavarapukota Revenue, Lakkavarapukota Village AND Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without any valid notice or acquisition proceedings, as highly illegal, arbitrary, and unconstitutional, and consequently direct the respondents not to interfere with except in accordance with law. my my possession
lA 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 to grant an interim direction restraining the 5TH and 6TH respondents, their deputies and staff, from interfering with the peaceful possession and enjoyment of the petitioner’s property admeasuring Ac.0.05 cents situated at Sy.No.367/19, 9TH Ward of Lakkavarapukota Revenue, Lakkavarapukota Village AND Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without following due process of law. Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION APHC010507052025 QMS WRIT PETITIONNO: 26474OF 2025 Between: Sri. Alamanda Jagadeesh,, S/o Lakshmana Rao aged 25 years D.No.2-116, Main Veedhi, L.Kota Vizianagaram-535161. R/o. Mandalam, Kithannapeta, ...Petitioner AND
1. Union of India, Ministry of Road Transport and Highways (MoRTH), Office of Bhavan-1, Parliament Street, New Delhi-110001, Rep. by its Secretary. 2. The Ministry of Road Transport and Highways (MoRTH), Rep. by its Regional Officer, 41-29-45A, Near Kodanda Ramalayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. The Executive Engineer R and B, National Highways Division, Visakhapatnam.
4. The Joint Collector, Vizianagaram District, Cantonment Road, Cantonment, Vizianagaram, A.P- 535002. 5. The Competent Authority (L A NH516B)-cum-Revenue Divisional Officer, Vizianagaram
6. The Tahsildar, Lakkavarapukota Village and Mandal (L. Kota) Vizianagaram District. ...Respondents 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 writ order or orders, especially in the form of a Writ of Mandamus declaring the action of the 5th and 6th respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of my property admeasuring 61.11 sq. yards situated at Sy.No.377/5, Ward, Lakkavarapukota Village and Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without any valid notice or acquisition proceedings, as highly illegal, arbitrary, and unconstitutional, and consequently direct the respondents not to interfere with my possession except in accordance with law. lA 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 to grant an interim direction restraining the 5th and 6th respondents, their deputies and staff, from interfering with the peaceful possession and enjoyment of the petitioner’s property admeasuring 61.11 sq. yards situated at Sy.No.377/5, 9th Ward, Lakkavarapukota Village and Panchayati,
KothavaJasa Sub-Division, Vizianagaram District, without process of taw. following due Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION APHC010507022025 WRIT PETITION NO: 26475 OF 202.*^ Between: Sri. Pulagam Brahmanada Reddy, S/o. Subbareddy Pulagam, R/o D.N0.5-67A, Main Road, Lakkavarapukota Village and Mandal (L Kota), Vizianagaram-535161. ...Petitioner AND
1. Union of India, Ministry of Road Transport and Highways (MoRTH) Office of Bhavan-1, Parliament Street, New Delhi-110001, Rep. by its Secretary. 2.
The Ministry of Road Transport and Highways (MoRTH), Rep. by its Regional Officer, 41-29-45A, Near Kodanda Ram.alayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. The Executive Engineer (R and B), National Highways Division, Visakhapatnam. 4. The Joint Collector, Vizianagaram District Cantonment Vizianagaram, A.P- 535002. Cantonment Road,
5. The Competent Authority L A NH516B cum Revenue Divisional Officer, Vizianagaram. 6. The Tahsildar, Lakkavarapukota Village and Mandal (L. Kota) Vizianagaram District. ...Respondents 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 writ order or orders, especially in the form of a Writ of Mandamus declaring the action of the 5th and 6th respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of my property admeasuring 146 sq. yards situated at Sy.No.503/1, 9th Ward, Lakkavarapukota Village and Panchayati, Vizianagaram District, without any valid notice or acquisition proceedings, as highly illegal, arbitrary, and unconstitutional, and consequently direct the respondents not to interfere with my possession except in accordance with law. Kothavalasa Sub-Division, lA 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 to grant an interim direction restraining the 5 deputies and staff, from interfering with the peaceful possession and enjoyment of the petitioner’s property admeasuring 146 sq. yards situated at Sy.No.503/1 and 6th respondents, their 9th Ward, Lakkavarapukota Village and Panchayati, Kothavalasa Sub-Division, Vizianagaram District, without following due process of law. Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI
Counsel for the Respondent Nos. 1 to 6: GP FOR LAND ACQUISITION APHC010507072025 WRIT PETITION NO: 26497 OF 2025 Between: Smt Jami Sunitha, W/o. Jami Sri Ramamurthi, Veedhi, Lakkavarapukota, Vizianagaram-535161. R/o. D.No.7-94, Jami ...Petitioner AND
1.
UNION OF INDIA, Ministry of Road Transport Highways (MoRTH) Office of Bhavan-1, Parliament Street, New Delhi-110001 Secretary. 2. 2. The Ministry of Road Transport and Highways (MoRTH), Rep. by its Regional Officer, 41-29-45A, Near Kodanda Ramalayam Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh. 3. 3. The Executive Engineer (R and B), National Highways Visakhapatnam. 4. The Joint Collector, Vizianagaram District, Cantonment, Vizianagaram, A.P- 535002. 5. The Competent Authority (L A NH516B,) -cum- Revenue Divisional Officer, Vizianagaram. 6. The Tahsildar, Vizianagaram District. Rep. by its Chalasani Division, Cantonment Road, Lakkavarapukota Village, Mandal (L. Kota) ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue writ order or orders, especially in the form of Petition under Article 226 of the Constitution of India may be a Writ of
Mandamus declaring the action of the 5TH and respondents, their deputies and staff, in interfering with my peaceful possession and enjoyment of my property situated in Sy.No.367/19, 9TH Ward of Lakkavarapukota Revenue, Lakkavarapukota Village and Panchayati, Kothavalasa Sub-Division Vizianagaram District, without any valid notice or acquisition proceedings, as highly illegal, arbitrary, and unconstitutional, and consequently direct the respondents not to interfere with my possession except in accordance with law. lA 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 to grant an interim direction restraining the 5TH and 6TH respondents, their deputies and staff, from interfering with the peaceful enjoyment of the petitioner’s property situated in Sy.No.367/19, Ward of Lakkavarapukota Revenue, Lakkavarapukota Village and Kothavalasa Sub-Division, Vizianagaram District, without following due process of law. possession and Panchayati, Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN Counsel for the Respondent No. 1: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 AND 3: SRI SS VARMA, SC FOR NHAI Counsel for the Respondent Nos.
1 to 6: GP FOR LAND ACQUISITION The Court made the following Common order:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos. 26412, 26416. 26418. 26423. 26425, 26428, 26434, 26474, 26475 & 26497 of 2025 COMMON ORDER: Since the issue involved in all the writ petitions is one and same, the writ petitions are disposed of by way of common order. It is asserted in the affidavits filed in support of the writ petitions that respondent No.2 issued a Gazette notification (2022) under Section 3A of National Highways Act, 1956 (hereinafter referred to as ‘the Act’). In the said notification, several lands across Vizianagaram District were notified
2. However, the initial notification did not include all the properties of the writ petitioners. Following this, a declaration under Section 3D of the Act was published in the Gazette on 03.07.2024, and subsequent proceedings under Section 3G (3) of the Act were issued by respondent 2.1 No.5. Hence, interfering with the petitioners' possession of the properties without proper notification and acquisition as contemplated under the Act is an infringement of Article 300-A of the Constitution of India. Therefore, the petitioners pray that the respondent authorities be
directed not to acquire their lands without following due process of law. 2.2 Sri Yogesh, learned Central Government counsel takes notice on behalf of respondents 1 & 2 and would submit that the lands belonging to the petitioners have not been acquired as per the said Gazette. 3. 4. Sn Y. Balaji, learned Government Pleader takes notice on behalf of respondent No.3 and Sri K.M. Krishna Reddy, learned Government Pleader takes notice on behalf of respondents 4, 5 & 6 and that they will follow due procedure before acquiring the lands of the writ petitioners herein. would submit 5 In the recent judgment of the Apex Court in Kolkata Municipal Corporation vs Bimal Kumar Shah\ highlighted the seven basic rights of private citizen's which constitute the “real content of the right to property under Article 300A'’ that the state should their private property. Which are extracted hereunder; Right to Notice; The state must inform the landowner intends to acquire their property. Right to be Heard; The state must provide a platform for the landowner to raise objections against the acquisition. Right to a Reasoned Decision; The state must final decision, along with the reasons for it. Duty to Acquire Only for Public Purpose; The demonstrate that the acquisition is for a genuine public purpose. Right of Restitution or Fair Compensation; The landowner entitled to just and reasonable compensation for their reflecting its true market value. respect before depriving them of (i that it (ii) (iii) communicate its (iv) state must (V) IS property. (2024) 10 see 533
(vi) Right to an Efficient and Expeditious Process; The acquisition process must be conducted efficientiy and completed within prescribed timelines. (vii) Right of Conclusion; i he process must reach a final conclusion, with the property ultimately vesting with the state. Further stated that the above seven rights are foundational
6. components of a law that is tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge. The seven principles which have been discussed are integral to the
7. authority of law enabling compulsory acquisition of private property. Union and State statutes have adopted these principles and incorporated them in different forms in the statutes provisioning compulsory acquisition of immovable property.
The importance of these principles, independent of the statutory prescription have been recognised by our Constitutional Courts and they have become part of our administrative law jurisprudence. I he culmination of an acquisition process is not in the payment of
8. compensation, but also in taking over the actual physical possession of the land. If possession is not taken, acquisition is not complete In the light of the above submissions made by the respondent
9. counsels, the writ petitions are
disposed of with a direction to the respondents to follow due process of law before acquiring the writ petitioners' land. There shall be no order as to costs.
■■■ ■'^p d !• m ue! thereto, miscellaneous petitions pending, if any, shall As a s an stand closed.
Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// Mv SECTION OFFICER To,
1. The Secretary, Union of India, Ministry of Road Transport and Highways (MoRTH) Office of Bhavan-1, Parliament Street, New Deihi-110001.
2. The Regional Officer, Ministry of Road Transport and Highways (MoRTH), 41-29-45A, Near Kodanda Ramalayam, Chalasani Nagar, Krishna Lanka, Vijayawada, NTR District, Andhra Pradesh.
3. The Executive Engineer (R and B), National Highways Division, Visakhapatnam.
4. The Joint Collector, Vizianagaram District, Cantonment Vizianagaram, A.P- 535002.
5. The Competent Authority (L A NH516B}-cum-Revenue Divisional Officer, Vizianagaram.
6. The Tahsildar, Lakkavarapukota Village and Mandal (L. Kota) Vizianagaram District. Cantonment Road, .7. One CC to Sri. Arrabolu Sai Naveen Advocate [OPUC] , 8 One CC to Sri. S S Varma SC for NHAI [OPUC] 9; One CC to Additional Solicitor General of India [OPUC] . - 10. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT]
11. Two CD Copies GSC
HIGH COURT DATED:24/09/2025 COMMON ORDER WP NOS. 26412, 26416, 26418,26423, 26425, 26428 26434, 26474, 26475 AND 26497 OF 2025 DISPOSING THE WPS WITHOUT COSTS