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2026 DAILYLAW 1089 (AP)

GUMMA PADMAJA v. THE UNION OF INDIA

WP/9156/2026 · 2026-04-08

Tarlada Rajasekhar Rao

body2026

Judgment text

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APHC010182022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9156/2026 Between: 1. GUMMA PADMAJA, W/O.YELLAIAH, AGED 45 YEARS, R/o.5-5B, HASANABAD VILLAGE, CHINNA DORNALA POST, DORNALA MANDAL, MARKAPURAM DISTRICT. 2. ONTERU SURESH,, S/O.PEDDA AVULAYYA, AGED 33 YEARS, R/O.HASANABAD VILLAGE, DORNALA MANDAL, CHINNA DORNALA POST, MEUKAPURAM DISTRICT. 3. EDARA KOTILINGAM,, S/O.SHARABAIAH, AGED 55 YEARS, R/O.HASANABAD VILLAGE, DORNALA MANDAL, CHINNA DORNALA POST, MARKAPURAM DISTRICT. ...PETITIONER(S) AND 1. THE UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (TOLL DIVISION), TRANSPORT BHAWAN-1, PARLIAMENT STREET, NEW DELHI-110001, REP.BY ITS JOINT SECRETARY. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA NHAI, G-5 86 6, SECTOR-10, DWARAKA, NEW DELHI-110075, REP.BY ITS CHAIRMAN. 3. THE REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), MORTH/NHAI BUILDINGS, RANIGARITHOTA, NEAR KANAKADURGA VARADHI, KRISHNALANKA, VIJAYAWADA-520013. 2 4. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PROJECT IMPLEMENTATION UNIT, H.NO.87-1364-24, SRI BRINDAVAN NAGAR, REVENUE WARD NO.87, KURNOOL DISTRICT-518001. 5. THE DISTRICT COLLECTOR, MARKAPURAM DISTRICT, ANDHRA PRADESH-523332. 6. THE TAHDILAR, DORNALA MANDAL, MARKAPURAM DISTRICT- 523331. 7. THE EXECUTIVE ENGINEER R AND B, APRDC DIVISION, KUMOOL, KUMOOL DISTRICT-518001. 8. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICER MPDO, MANDALA PRAJA PARISHAD, DORNALA, MARKAPURAM DISTRICT, ANDHRA PRADESH-523331. 9. THE DORNALA GRAM PANCHAYAT, DOMALA VILLAGE, DORNALA MANDAL, PRAKASAM DISTRICT, REP.BY ITS PANCHAYAT SECRETAIY-523331. ...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 particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 7 herein in not considering the representations dated 26-03-2026, 30-03-2026, the Resolution No.88/2026 dated 23.03.2026 passed by Respondent No.8 and the Resolution No.212 dated 23.03.2026 passed by Respondent No.9 for naming the toll plaza situated at Km 248 plus 800 on NH-765 as Hasanabad Toll Plaza as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents herein forthwith to appropriate action for naming the toll plaza situated at Km 248 plus 800 on NH-765 as Hasanabad Toll Plaza and to pass IA NO: 1 OF 2026 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 respondents 2 to 7 herein forthwith to consider the representations dated 26-03-2026, 30-03-2026, the Resolution No.88/2026 dated 23.03.2026 passed by Respondent No.8 and the Resolution No.212 3 dated 23.03.2026 passed by Respondent No.9 for naming the toll plaza situated at Km 248+800 on NH-765 as <Hasanabad Toll Plaza=, pending disposal of the writ petition and to pass IA NO: 2 OF 2026 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 respondents 2 to 7 herein not to install, erect or display any signboard in the name of <Jammi Dornala Toll Plaza= at Km 248+800 on NH-765, Dornala Mandal, Markapuram District, pending disposal of the writ petition, and pass Counsel for the Petitioner(S): 1. P L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9156 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: <…to issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 7 herein in not considering the representations dated 26-03-2026, 30-03-2026, the Resolution No.88/2026 dated 23.03.2026 passed by Respondent No.8 and the Resolution No.212 dated 23.03.2026 passed by Respondent No.9 for naming the toll plaza situated at Km 248 plus 800 on NH-765 as <Hasanabad Toll Plaza=, Dornala Mandal, Markapuram District, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents herein forthwith to appropriate action for naming the toll plaza situated at Km 248 plus 800 on NH-765 as <Hasanabad Toll Plaza=, Dornala Mandal, Markapuram District, and to pass such other order or orders …= 2. Heard Sri P.L. Narasimha Rao learned counsel for the petitioners, and the learned Assistant Government Pleader for Transport Department for the respondents. 3. The National Highways Authority of India has acquired land for the purpose of widening to 2-lane paved shoulders of the Dornala to Kunta Junction (NH-765), which includes constructing a toll plaza. The respondents plan to designate the toll plaza as >Jammi Dornala Toll Plaza?. The present writ petition has been filed by the petitioners, expressing their discontent with this decision and requesting that the toll plaza be named >Hasanabad Toll Plaza?, citing that the toll plaza has been built on lands belonging to the villagers of 5 Hasanabad. The petitioners have submitted a representation to respondent Nos.3 and 4 regarding this matter. 4. The learned counsel for petitioners relied on order of this Court in W.P.No.22599 of 2020, dated 14.12.2021, in which a Co-ordinate Bench dismissed a similar writ petition. However, it was noted in paragraph No.11 that naming a toll plaza after a specific village could instill a sense of honor among the villagers and foster pride in their locality. The petitioners' counsel requested this Court to instruct the respondents to consider the prior order dated 14.12.2021, while addressing their representation. 5. The learned counsel for respondents argued that the above mentioned order does not apply to the present facts of the case. In the case referred supra, the villagers had willingly donated their land at no cost for the establishment of toll plaza, and further stated that the name of a well-known village is appropriately assigned to the toll plaza. Hence, the petitioners aren?t entitled for any relief. 6. Therefore, without going into merits of the case, the present Writ Petition is disposed of, permitting the petitioners to file a fresh representation to the respondent No.5-District Collector within a period of one week from the date of receipt of a copy of this order. On filing the same, the District Collector is directed to examine the same and pass appropriate orders, in accordance with law, within a period of two weeks thereafter and communicate the decision to the petitioners. Until the representation is resolved, the respondents are prohibited from naming the toll plaza. Additionally, the 6 villagers of Hasanabad must permit the respondents to operate the toll plaza. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 09.04.2026 KBN 7 133 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9156 of 2026 Date: 09.04.2026 KBN