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2025 DAILYLAW 56774 (AP)

The Marble and Granite Dealers Welfare Association, v. National Highways Authority of India,

WP/37228/2015 · 2025-11-30

Sumathi Jagadam

body2025

Judgment text

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APHC010391172015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 37228/2015 Between: 1. THE MARBLE AND GRANITE DEALERS WELFARE ASSOCIATION,, HAVING ITS OFFICE AT BENZ CIRCLE, VIJAYAWADA, REP. BY ITS SECRETARY. ...PETITIONER AND 1. NATIONAL HIGHWAYS AUTHORITY OF INDIA, MINISTRY OF TRANSPORT & HIGHWAYS, REP. BY ITS PROJECT DIRECTOR, PLOT NO.21, TEACHERS COLONY, GURUNANAK NAGAR, VIJAYAWADA. 2. THE EXECUTIVE ENGINEER, R & B, NATIONAL HIGHWAYS DIVISION, VIJAYAWADA. 3. THE JAMEETEMUJAWARS/MUTAVALLIES MANAGING COMMITTEE, OF HAZARAT GALIB SHAHEED DARGAH, REP.BY ITS PRESIDENT, BHAVANIPURAM, VIJAYAWADA. ...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 toto issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus directing the respondent Nos.1 and 2 and their representatives not to interfere with the petitioner's peaceful possession and enjoyment of the property being an extent Ac.31.00 in R.S.No.10 of Bhavanipuram Village, Vijayawada Urban Mandal, Krishna District declaring 2 JS, J W.P.No.37228/2015 their action as illegal and colourable exercise of power besides being violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India and in violation of Doctrine of principles of natural justice and pass. IA NO: 1 OF 2015(WPMP 47930 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 direct the respondent Nos. 1 and 2 and its representatives not to interfere with the petitioner's peaceful possession and enjoyment of the property being an extent Ac. 31.00 in R.S.No. 10 of Bhavanipuram Village, Vijayawada Urban Mandal, Krishna District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. V S R ANJANEYALU Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. S S VARMA (SC FOR NHAI) 3. THE ADVOCATE GENERAL (AP) 3 JS, J W.P.No.37228/2015 The Court made the following ORDER: Sri.V.S.R.Anjaneyulu, learned senior counsel appearing for the petitioner is present. 2. Learned Government Pleader filed memo dated 27.11.2025 before this Court. 3. It was stated in the letter bearing No. Lr.No.Court Cases/WP No.37228 of 2015/A1/2025 dated 26.11.2025, that Ac.20.90 cents of land leased out to (R&B) NH Department, was handed over to Chief Executive Officer, AP State Waqf Board, Vijayawada, on 22.09.2020 and 13.09.2021. He further submits that petitioner have not sought relief against the respondent No.3. 4. Learned Senior Counsel appearing for the petitioner submits that he will take appropriate steps for recovery of land from the 3rd respondent. 5. In view of the same the Writ Petition is closed, leaving it open for the petitioner to take appropriate action for the recovery of land. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 01.12.2025 rsd 4 JS, J W.P.No.37228/2015 132 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 37228/2015 Date: 01.12.2025 rsd