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2025 DAILYLAW 51729 (AP)

KORA SOUMYA v. THE UNION OF INDIA

WP/24472/2025 · 2025-09-18

Sumathi Jagadam

body2025

Judgment text

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APHC010470982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24472/2025 Between: 1. KORA SOUMYA, W/O. D. MADHUKAR SAI, AGED ABOUT 32 YEARS, R/O. D.NO 19-12-154, BAIRAGI PATTEDA TIRUPATI(URBAN) TIRUPATI DISTRICT. 2. VEERA PALLI HEMAM BADHRA RAO, S/0. VEERA PALLI RADHA KRISHNAM NAIDU, AGED ABOUT 54 YEARS R/O. DOOR NO.8- 201/1, PLOT NO.122/B, NEW BALAJI COLONY, MR PALLI TIRUPATI (URBAN),TIRUPATI DISTRICT. 3. M.MANJULA,, W/O. LATE M. RAM NARAYAN REDDY AGED ABOUT 55 YEARS R/O. D.NO.18-1-598, BHAVANI NAGAR, TIRUPATI(URBAN), TIRUPATI DISTRICT 4. N. SEKHAR, S/O. N. MUNI KANNA REDDY, AGED ABOUT 55 YEARS R/O. D.NO.23, BALLIPATTU TOWN, TIRUVALURU(DISTRICT), TAMIL NADU 5. JAYA RAMJI MAHENDRA, S/O. PRABHU JI JAYA RAJJI, AGED ABOUT 38 YEARS R/O. D.NO. 16-1-256, KARNALA STREET, TIRUPATI (URBAN), TIRUPATI DISTRICT 6. P. INDRA, , W/O. MUNI SOMA SEKHARA, AGED ABOUT 65 YEARS, R/O. RAMA SAMUDRAM VILLAGE, VADAMALA PETA (POST), TIRUPATI DISTRICT 7. G.SRINIVASA RAO,, S/O. G. KOTESWARA RAO, AGED ABOUT 54 YEARS R/O. D.NO.19-13-13/1-19, NARAYANA PURAM, TIRUPATI (URBAN), TIRUPATI DISTRICT 2 JS,J W.P.No.24472/2025 8. MALLU SUDHAKAR REDDY, S/O. MALLU MALLAREDDY, AGED ABOUT 56 YEARS, CHIYAVARAM (VILLAGE), VENKAT REDDY PALLI(POST) RAILWAY KODURU MANDAL, ANNAMAYYA DISTRICT 9. V.VENUGOPALA NAIDU,, S/O. LOKA BHODRA NAIDU, AGED ABOUT 40YEARS, R/O. RAM CHANDRA PURAM MANDAL, GANGIREDDY PALLI POST, TIRUPATI DISTRICT. 10. M.LAKSHMI,, W/O. LATE RANGA REDDY, AGED ABOUT 63 YEARS R/O. D.NO.20-3-124/T, AKKARAM PALLI ROAD, MARUTHI NAGAR, TIRUPATI (URBAN), TIRUPATI DISTRICT 11. M.SAROJA,, W/O. JAYARAM NAIK, AGED ABOUT 65YEARS R/O. SAI NAGAR PANCHAYATI, FLAT NO 1, JAYA NAGAR TIRUPATI(RURAL), TIRUPATI DISTRICT 12. A.SESHA REDDY,, S/O. A.KRISHNA REDDY, AGED ABOUT 49 YEARS R/O. D.NO 6-48/22, SRI KRISHNA DEVARAYA NAGAR, MR PALLI, TIRUPATI (URBAN), TIRUPATI DISTRICT. 13. C. SUNEETHA,, W/O. M.VAMSEE DHARA REDDY, AGED ABOUT 53 YEARS R/O. D.NO.23-8-5, NEW BALAJI COLONY, TIRUPATI(URBAN), TIRUPATI (DISTRICT) 14. P. ARUNA,, W/O. N.SEKHAR, AGED ABOUT 48YEARS R/O. CHOKKA MADEGU VILLAGE, SR PURAM MANDAL CHITTOOR DISTRICT. 15. B. MARUTHI PRASAD REDDY,, S/O. B. SOMESWARA REDDY AGED ABOUT 42 YEARS, R/O. D.NO.1-125, KUPPALA PALLI POST, KADAPA DISTRICT 16. P. MOHAN,, S/O. P. VENKARADRI, AGED ABOUT 53 YEARS R/O. D.NO.9-433, LINGESWARA NAGAR TIRUPATI RURAL, TIRUPATI DISTRICT 17. L. SREEMATHAMMA,, W/O. D. NEELA KANTHAM, AGED ABOUT 51 YEARS, R/O. D.NO 2/1/96-2, M.KOTTURU POST, R KANDRIGA VILLAGE SCHOOL STREET, NAGIRI MANDAL, CHITTOOR DISTRICT 18. N. KAMAKSHI DEVI,, W/O. M.ABHISHAAR REDDY, AGED ABOUT SSYEARS, R/O. D.NO 6-1-69, VARADA RAJU NAGAR, KT ROAD, 3 JS,J W.P.No.24472/2025 TIRUPATI (URBAN), TIRUPATI DISTRICT 19. K. BHASKAR REDDY,, R/O. K. PENCHULA REDDY, AGED ABOUT 56 YEARS, D.NO 1-20, SREENIVASAPURAM, TIRUPATI (RURAL), TIRUPATI DISTRICT 20. T .MADHAVI,, W/O. K HARISH KUMAR, AGED ABOUT 53YEARS, R/O. TIRUPATI AIR BY PASS ROAD BY PASS QUARTERS TIRUPATI (URBAN), TIRUPATI DISTRICT 21. Y. RANJIT REDDY,, S/O. Y.VEERENDRA REDDY, AGED ABOUT 34 YEARS R/O. D.NO.1-40, MERLA PAKA POST YERPEDU MANDAL, TIRUPATI DISTRICT . ...PETITIONER(S) AND 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY ROAD TRANSPORT AND HIGHWAYS DEPARTMENT NEW DELHI. 2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP BY ITS CHAIRMAN G-5866, SECTOR 10, DWARAKA NEW DELHI. 3. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS REGIONAL OFFICER, CHENNAI. 4. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, CHENNAI. 5. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI 6. THE JOINT COLLECTOR CUM COMPETENT AUTHORITY, TIRUPATI DISTRICT, TIRUPATI TIRUPATI-TIRUTTANI-CHENNAI SECTION OF NH-71 AND NH-716 ...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, more particularly the Respondent No.4, in issuing Notification dated 05.11.2024 under Section 3A of the National Highways Act, 1956, insofar as it pertains to the Petitioners 4 JS,J W.P.No.24472/2025 lands, house plots and small industries situated in an extent of 293.25 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.1, an extent of 646.16 Sq. Yds. in Sy. No. 245/3B/P/1 belonging to Petitioner No.2, an extent of 270 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.3, an extent of 209.77 Sq. Yds. in Sy. No. 245/1 belonging to Petitioner No.4, an extent of 143.5 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.5, an extent of 366.82 Sq. Yds. in Sy. No. 242/3 belonging to Petitioner No.6, an extent of 220 Sq. Yds. in Sy. No. 243/2B and 243/2C belonging to Petitioner No.7, an extent of 480 Sq. Yds. in Sy. No. 243/2B, 243/2C and 243/2D belonging to Petitioner No.8, an extent of 240 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No.9, an extent of 165.85 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No.10 an extent of 310 Sq. Yds. in 243/2C1A belonging to Petitioner No.11, an extent of 240 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No. 12, an extent of 591 Sq. Yds. in Sy. No. 245/1 belonging to Petitioner No. 13, an extent of 133.33 Sq. Yds. in Sy. No. 245/3B belonging to Petitioner No. 14, an extent of 160.91 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No. 15, an extent of 112 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No. 16, an extent of 228 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No.17, an extent of 237 Sq. Yds. in Sy. No. 243/2D3B belonging to Petitioner No. 18, an extent of 174 Sq. Yds. in Sy. No. 243/2D3B belonging to Petitioner No. 19, an extent of 240 Sq. Yds. in Sy. No. 243/2B2C2D belonging to Petitioner No.20 and an extent of 148.05 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No.21 of Vedantapuram Village, Tirupati (Rural) Mandal, Tirupati District, Andhra Pradesh despite earlier acquisitions in the years 2000 and 2011 as illegal, arbitrary, unconstitutional and violative of Articles 14 and 300A of the Constitution of India, and consequently set-aside the same and further direct the respondents to duly consider and decide the objections filed by the Petitioners under Section 3C of the National Highways Act, 1956, by passing a fair, reasoned, and speaking order, after giving due weight to the alternative alignment proposed by the Petitioners, namely, to realign the proposed slip road to pass through Government lands available nearby to Sy. No. 242 to 245 Vedantapuram Village, Tirupati (Rural) Mandal, Tirupati District, Andhra Pradesh and 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 suspend the operation of the impugned Notification dated 05.11.2024 issued by the Respondent No.4 under Section 3A of the National Highways Act, 1956, in so far as it relates to the Petitioners’ lands, house 5 JS,J W.P.No.24472/2025 plots and small industries situated in an extent of 293.25 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.1, an extent of 646.16 Sq. Yds. in Sy. No. 245/3B/P/1 belonging to Petitioner No.2, an extent of 270 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.3, an extent of 209.77 Sq. Yds. in Sy. No. 245/1 belonging to Petitioner No.4, an extent of 143.5 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.5, an extent of 366.82 Sq. Yds. in Sy. No. 242/3 belonging to Petitioner No.6, an extent of 220 Sq. Yds. in Sy. No. 243/2B and 243/20 belonging to Petitioner No.7, an extent of 480 Sq. Yds. in Sy. No. 243/2B, 243/2C and 243/2D belonging to Petitioner No.8, an extent of 240 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No.9, an extent of 165.85 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No. 10, an extent of 310 Sq. Yds. in 243/2C1A belonging to Petitioner No.11, an extent of 240 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No.12, an extent of 591 Sq. Yds. in Sy. No. 245/1 belonging to Petitioner No. 13, an extent of 133.33 Sq. Yds. in Sy. No. 245/3B belonging to Petitioner No.14, an extent of 160.91 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No. 15, an extent of 112 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No. 16, an extent of 228 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No. 17, an extent of 237 Sq. Yds. in Sy. No. 243/2D3B belonging to Petitioner No. 18, an extent of 174 Sq. Yds. in Sy. No. 243/2D3B belonging to Petitioner No. 19, an extent of 240 Sq. Yds. in Sy. No. 243/2B2C2D belonging to Petitioner No.20 and an extent of 148.05 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No.21 of Vedantapuram Village, Tirupati (Rural) Mandal, Tirupati District, Andhra Pradesh and pass IA NO: 2 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 Respondent No.2 to 6 not to interfere with the petitioners peaceful possession and enjoyment of plots, houses, and structures situated inan extent of 293.25 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.1, an extent of 646.16 Sq. Yds. in Sy. No. 245/3B/P/1 belonging to Petitioner No.2, an extent of 270 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.3, an extent of 209.77 Sq. Yds. in Sy. No. 245/1 belonging to Petitioner No.4, an extent of 143.5 Sq. Yds. in Sy. No. 245/1A belonging to Petitioner No.5, an extent of 366.82 Sq. Yds. in Sy. No. 242/3 belonging to Petitioner No.6, an extent of 220 Sq. Yds. in Sy. No. 243/2B and 243/2C belonging to Petitioner No.7, an extent of 480 Sq. Yds. in Sy. No. 243/2B, 243/2C and 243/2D belonging to Petitioner No.8, an extent of 240 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No.9, an extent of 165.85 Sq. Yds. in Sy. 6 JS,J W.P.No.24472/2025 No. 243/2C1A belonging to Petitioner No. 10, an extent of 310 Sq. Yds. in 243/2C1A belonging to Petitioner No.11, an extent of 240 Sq. Yds. in Sy. No. 243/2C1A belonging to Petitioner No. 12 an extent of 591 Sq. Yds. in Sy. No. 245/1 belonging to Petitioner No. 13, an extent of 133.33 Sq. Yds. in Sy. No. 245/3B belonging to Petitioner No.14, an extent of 160.91 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No. 15, an extent of 112 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No.16, an extent of 228 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No. 17, an extent of 237 Sq. Yds. in Sy. No. 243/2D3B belonging to Petitioner No. 18, an extent of 174 Sq. Yds. in Sy. No. 243/2D3B belonging to Petitioner No. 19, an extent of 240 Sq. Yds. in Sy. No. 243/2B2C2D belonging to Petitioner No.20 and an extent of 148.05 Sq. Yds. in Sy. No. 242/5E2B belonging to Petitioner No.21 of Vedantapuram Village, Tirupati (Rural) Mandal, Tirupati District, Andhra Pradesh pursuant to theimpugned Notification dated 05.11.2024 issued by the Respondent No.4 under Section 3A of the National Highways Act, 1956 and pass Counsel for the Petitioner(S): 1. P JAGADISH CHANDRA PRASAD Counsel for the Respondent(S): 1. S S VARMA 2. GP FOR REVENUE 3. 7 JS,J W.P.No.24472/2025 The Court made the following ORDER: During the course of hearing, Ms. Sodum Anvesha, learned Standing Counsel appearing for respondent Nos.2 to 4, submits that the respondents have issued the proceedings vide Ref:Roc.NH71/32/2024, dated 10.09.2025, under Section 3C(2) of the National Highways Act, 1956 rejecting the case of the petitioners, and submits that if the petitioners are aggrieved, they may challenge the said proceedings. 2. Learned counsel for the petitioners seeks permission of this Court to withdraw the present writ petition with liberty to challenge the proceedings dated 10.09.2025. 3. Permission is accorded. 4. Accordingly, the Writ Petition is dismissed as withdrawn, granting liberty as prayed for. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 18.09.2025 KAS