APHC010046482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2313/2025 Between: M Venkata Narayana ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KATTAM REDDY DIVYA CHAITANYA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. GP FOR LAND ACQUISITION 4. 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2313 of 2025 ORDER: The present writ petition is field under Article 226 of the Constitution of India for the following relief: “…to issue a “Writ of Mandamus” or any other appropriate writ, order or direction declaring the action of the respondents more particularly respondent Nos.3 to 6 in trying to dispossess the petitioner and demolish the house of the petitioner herein in an extent of 64 yards at Survey No.2061/2 bearing Door No.28/1577, Venkateswara Puram, Revenue Ward No.28-II, Nellore SPSR Nellore District for the purpose of widening the National Highway (NH-67) without issuing any notice or opportunity, without assessing and providing any compensation and without following the due process of law as being illegal, arbitrary and contrary to the provisions under the National Highways Act, 1956, guidelines issued under the National Highways Act, 1956, in violation of Principles of Natural Justice and also in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the respondents herein not to dispossess the petitioner and demolish the house of the petitioner in an extent of 64 yards at Survey No.2061/2 bearing Door No.28/1577, Venkateswara Puram, Revenue Ward No.28-II, Nellore SPSR Nellore District, without following due process of law and pass such other…” 3 2. Heard learned counsel for the petitioner and learned Government Pleader for Roads and Buildings appearing for the 4th respondent. 3. The case of the petitioner is that the petitioner is the absolute owner and possessor of a land measuring 64 yards situated in Survey No. 2061/2, bearing Door No. 28/1577, Plot Nos. 24 E and F, Venkateswara Puram, Revenue Ward No. 28-II, Nellore, SPSR Nellore District. The petitioner asserts that he is in possession and enjoyment of the subject land. However, respondent Nos. 4 to 6, under the pretext of constructing a flyover bridge over the river, have initiated actions that would affect the petitioner's rights. 4. The learned counsel for the petitioner submits that neither notice has been issued, nor the procedure stipulated under the provisions of the National Highways Act, 1956, has been followed. He further submits that the respondents are attempting to forcibly dispossess the petitioner from the subject land, which is illegal, arbitrary, and in violation of the established procedure. Therefore, the petitioner seeks to have the actions set aside. 5. On the other hand, the learned Government Pleader for Roads and Buildings, appearing for the 4th respondent, placed on record the written instructions from the 4th respondent dated 01.02.2025, which states: "4. It is submitted that the averments made by the writ petitioner are false, baseless, and not maintainable. The 4 petitioner’s structure is an encroachment on Government Land in Survey No. 2061/2 of Nellore Bit II Village, as the land in Survey No. 2061/2 is classified as Rail Road Poramboke. There is no provision for payment of compensation in the relevant Land Acquisition Acts for such encroachments. Till date, we have not initiated any eviction on this encroachment. However, this encroachment will be removed strictly following due process of law." 6. The learned Government Pleader submits that, according to the revenue records, the subject land is classified as Government land. However, in light of the petitioner’s claim, the respondents will consider it, and the petitioner is entitled to submit objections. The respondents have placed the necessary records to prove that the petitioner is an encroacher over the subject property. 7. After considering the arguments, it appears that the petitioner does not have legal rights over the subject property, and the respondents shall follow the due procedure as contemplated under the law. 8. In reply, the learned counsel for the petitioner submits that according to the proceedings of the 6th respondent dated 13.08.2024, all similarly situated persons, who were alleged to be encroachers, have had their cases considered, and ex-gratia payments were made. Therefore, the petitioner is also entitled to the same relief. 9. Upon considering the submissions of the learned Government Pleader and on perusal of the material on record, particularly the 5 proceedings of the 6th respondent dated 13.08.2024, it is observed that ex- gratia payments were made to those in possession of land in Survey Nos. 2061/2 to 2062/4. Based on the documents provided by the petitioner, it is evident that the petitioner is also in possession and enjoyment of the land in Survey No. 2061/2. Therefore, the petitioner is entitled to the same relief as other similarly situated persons, as indicated in the 6th respondent’s proceedings dated 13.08.2024. 10. As such, the petitioner is entitled to receive ex-gratia along with the other beneficiaries listed in the 6th respondent's proceedings dated 13.08.2024. However, the respondents are at liberty to occupy or take over the land, if required, following due process. 11. With the above observations, the present Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 10th February, 2025 cbn 6 98 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.2313 of 2025 10th February, 2025 cbn