APHC010482112014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 39534/2014 Between: 1. S.PREMAVATHI, W/O LATE R.SRI RAMULU AGED ABOUT: 70 YRS, OCC: HOUSEWIFE R/O DOOR NO.3-34/5, MBT ROAD, THAGGUVARI PALLI VILLAGE, BANGARUPALEM POST AND MANDAL, CHITTOOR DISTRICT 2. G.NAGARAJA, S/O LATE G.VENKATA SWAMY AGED ABOUT: 72 YRS, OCC: RETIRED SERVICE R/O DOOR NO.3-34/1 TO 4, MBT ROAD, THAGGUVARI PALLI VILLAGE, BANGARUPALEM POST AND MANDAL, CHITTOOR DISTRICT 3. G.RAJAGOPAL CHETTY, S/O LATE G.VENKATAPPA CHETTY AGED ABOUT: 45 YRS, OCC: BUSINESS R/O DOOR NO.3-10/1, MBT ROAD, THAGGUVARI PALLI VILLAGE, BANGARUPALEM POST AND MANDAL, CHITTOOR DISTRICT ...PETITIONER(S) AND 1. THE DEPUTY EXECUTIVE ENGINEER, CHITTOOR DIVISION, NATIONAL HIGHWAYS AUTHORITIES OF INDIA N.H.4, CHITTOOR, CHITTOOR DISTRICT 2. THE EXECUTIVE ENGINEER, CHITTOOR DISTRICT, NATIONAL HIGHWAYS AUTHORITIES OF INDIA N.H.4, CHITTOOR, CHITTOOR DISTRICT 3. THE NATIONAL HIGHWAYS AUTHORITIES OF INDIA, NEW DELHI, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR 2 JS,J W.P.No.39534/2014 4. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT 5. THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT 6. THE TAHSILDAR, BANGARUPALEM MANDAL, CHITTOOR DISTRICT 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, HYDERABAD ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 g and 2 respondents in trying to demolish the petitioners houses i.e., 1' petitioner houses bearing Nos.3-35, 3-5, 3-6,3-4, 3-3,3-21, 3-7 and 3-8 in Sy.No.235 of an extent of North and South 18.288 Meters and East and West : 17.598 meters; the 2nd petitioner house bearing Door Nos.3-31/1, 3-31/2, 3-31/3 and 3-31/4 to an extent of West 12 feets North and South 50 feet situated at Door No.3-34/5; the 3rd petitioner houses bearing Door No.3-10/1 of an extent of East and West 18 feets equalent to 5.46 meters, south and north 51 feets equivalent to 15.47 meters in Sy.Nos.235 situated at MBT Road situated at Thagguvari Palli Village, Bangarupalem Post and Mandal, Chittoor District is illegal, arbitrary and unconstitutional and consequently direct the respondents not to demolish or dispossesses the petitioners without due process of law IA NO: 1 OF 2014(WPMP 49596 OF 2014 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 the direct the respondents herein not to demolish the petitioners from the houses i.e., 15t petitioner houses bearing Nos.3-35, 3-5, 36,3-4, 3-3,3-21, 3-7 and 3-8 in Sy.No.235 of an extent of North and South 18.288 Meters and East and West : 17.598 meters; the 2nd petitioner house bearing Door Nos.3-31/1, 3-31/2, 3-31/3 and 3-31/4 to an extent of West 12 feets North and South 50 feet situated at Door No.3-34/5; the 3rd petitioner houses bearing Door No. 3- 10/1 of an extent of East and West 18 feets equalent to 5.46 meters, south and north 51 feets equivalent to 15.47 meters in Sy.Nos.235 situated at MBT Road situated at Thagguvari Palli Village, Bangarupalem Post and Mandal, Chittoor District, pending disposal of the writ petition 3 JS,J W.P.No.39534/2014 IA NO: 1 OF 2015(WVMP 1303 OF 2015 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 vacate the interim Order granted on 22.01.2015 in WP No. 39534 of 2014. Counsel for the Petitioner(S): 1. RAJENDRA BUSSA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. S S VARMA (SC FOR NHAI) 3. GP FOR ROADS & BUILDINGS (AP) 4 JS,J W.P.No.39534/2014 The Court made the following ORDER: During the course of hearing, learned counsel for the petitioners as well as learned counsel for the respondents submitted that in similar circumstances, this Court has disposed of W.P.No.658 of 2015 and prayed for the similar order. 2. The case of the petitioners is that, the respondents, without following the prescribed procedure for widening the road, marked the road for extension on only one side; petitioners were not issued any notice whatsoever. Hence, the writ petition. 3. Counter-affidavit has been filed by the 1st respondent stating that there is no proposal for acquisition of further land for four lining of NH-4 at Bangarupalem village now; the land of National Highway Chennai –Chittoor – Bangalore NH-4 is encroached by the petitioners and subsequently, they themselves voluntarily removed the encroachments. 4. On 27.01.2015, this Court directed the parties to maintain status-quo in all respects. 5. As it is specifically averred in the counter-affidavit that the petitioners are the encroachers and they themselves removed the encroachments voluntarily, no further orders are necessary in the writ petition. 6. Accordingly, the writ petition is closed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 23.09.2025 KAS 5 JS,J W.P.No.39534/2014 585 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 39534/2014 Date: 23.09.2025 KAS