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2025 DAILYLAW 7822 (AP)

B H NAIDU v. THE NATIONAL HIGH

WP/3588/2019 · 2025-07-03

Ninala Jayasurya

body2025

Judgment text

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Contd… APHC010081572019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 3588/2019 Between: 1. B H NAIDU, S/O RAMA NAIDU, AGED 70 YEARS, R/O KONAPPA REDDY PALLI VILLAGE, PAKALA MANDAL, PAKALA (V AND P), CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE NATIONAL HIGH, REP. BY ITS CHIEF GENERAL MANAGER, G 5 AND 6 , SECTOR 10, DWARAKA, NEW DELHI. 2. THE COMPETENT AUTHORITY JOINT COLLECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (CHITTOOR), CHITTOOR DISTRICT. 3. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. ...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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents I) in fixing the compensation amount without inviting and hearing claims of the petitioner in fixing the compensation amount unilaterally and seeking to take over possession of the land vide Notice dated 04.07.2018 iii). in not passing a fresh award in term of the revaluation report dated 22.10.2018 and iv) in not fixing and awarding compensation to the petitioner for the land in Sy.No.744/3 to an extent of 80.966sq.mtrs. and 50.604sq.mtrs. NJS,J W.P No.3588 of 2019 2 Contd… and in trying to take possession of the said land without passing award, as illegal, arbitrary, against the principles of natural justice, contrary to the provisions of the National Highways Act, 1956 and National Highways Rules, 1957 and unconstitutional and consequently direct the respondents to i) pass fresh award for acquiring 111.29sq.mtrs. land in Sy.No.742/2 Pakala village, Chittoor District in terms of the revaluation report daceo 22.10.2018, acquired for building (widening/ four-lanning etch maintenance, management and operation of Kukkalapalli- Mallavaram (6 Lane) NH-140 in the stretch of lands from Km 00 plus 00 to Km 18 plus 400 c-1 National Highway No-18 and Km 00 plus 00 to Km 41 plus 800 of National Highway-140 in Chittoor District and ii) pass an award and pay compensation to the petitioner for the land acquired in Sy.No.744/3 to an extent of 80.966sq.mtrs. and 50.604sq.mtrs. and 50.604sq.mtrs. of Pakala village, Chittoor District IA NO: 1 OF 2019 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 2nd respondent to consider the representations of the petitioner dated 16.10.2018 and 06.02.2019 pending disposal of the above writ petition IA NO: 2 OF 2019 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 stay all further proceedingE pursuant to Notice No.LA/NHAI/Award No.15/2018 Pakala(V)/Pakala(M) dated 04.07.2018 issued for taking possession of land of the petitioner for building (widening/ four-lanning etc.,) maintenance, management and operation of Kukkalapalli¬Mallavaram (6 Lane) NH-140 in the stretch of lands from Km 00+00 to Km 18+400 on National Highway No-18 & Km 00+00 to Km 41+800 of National Highway- 140 in Chittoor District pending disposal of the above writ petition IA NO: 1 OF 2020 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 passed in W.P No. 3588 of 2019, dated 19.03.2019 and pass NJS,J W.P No.3588 of 2019 3 IA NO: 1 OF 2021 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 being the proposed petitioners 2 to 4 herein on record as petitioners No 2 to 4 in WP No 3588/2019 on the file of this honble court and pass Counsel for the Petitioner: 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. S S VARMA (SC FOR NHAI) The Court made the following order: In view of the memo dated 30.06.2025 filed by the learned counsel for the petitioner, seeking withdrawal of the writ petition and considering the submissions made on behalf of the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. However, liberty is accorded to the petitioner Nos.2 and 3 to avail appropriate remedies in accordance with law, if they are so advised. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:04.07.2025 Ksj