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2026 DAILYLAW 1980 (AP)

VARIDIREDDY SUDHAKAR REDDY v. UNION OF INDIA

WP/13997/2026 · 2026-05-07

Tarlada Rajasekhar Rao

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010262962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13997/2026 Between: 1. VARIDIREDDY SUDHAKAR REDDY, S/O.LATE VARIDIREDDY PEDDA PULLA REDDY, AGED ABOUT 45 YEARS, OCC. BUSINESS (PROPRIETOR- VINTAGE BITES HOTEL), R/O SURVEY NO.35/1, PRASANNAYAPALLE VILLAGE, BANGALORE-HYDERABAD NATIONAL HIGHWAY (NH-44), RAPTADU MANDAL, ANANTAPUR DISTRICT - 515002 ...PETITIONER AND 1. UNION OF INDIA, PRINCIPAL SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI-110001 2. THE REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, VIJAYAWADA REGION, VIJAYAWADA, A.P-520008. 3. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), PROJECT IMPLEMENTATION UNIT (PIU-)ANANTAPUR, D. NO.6-4-239, 3RD CROSS, MARUTHI NAGAR, ANANTAPUR - 515 004 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ANANTAPUR DISTRICT, ANANTHAPURAMU-515004. 5. THE REVENUE DIVISIONAL OFFICER, ANANTHAPUR DISTRICT, ANANTHAPURAMU ANDHRA PRADESH-515001. 6. THE TAHSILDAR, RAPTHADU MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH-515001. 7. THE PANCHAYAT SECRETARY, PRASANNAYANAPALLE VILLAGE, (RAPTADU GRAM PANCHAYAT) RAPTADU MANDAL ANANTHAPUR DISTRICT-515001. 8. THE MANDAL SURVEYOR, RAPTADU MNADAL, ANANTHAPUR DISTRICT ANDHRA PRADESH-515001. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High 2 Court may be pleased to pass an order or orders or direction more particularly one in the nature of a Writ of Mandamus declaring that the action of the 3rd Respondent in issuing impugned proceedings vide NHAI/PIU-ATP/11026/CC/2026.0582 dt. 18.04.2026 holding that the Petitioner has unauthorizedly occupied an extent of Ac.0.47 Cents in Survey No.35-2 and thereby demarcating the Petitioners premises i.e. 'Vintage Bites Hotel' admeasuring an extent of Ac.0.76 cents, situated in Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District, A.P i.e. Subject Property and in trying to demolish the same by dispossessing the Petitioner herein, without considering the reply submitted on behalf of petitioner herein dt.11.04.2026 to the Preliminary Notice for Removal of Unauthorized Occupation dt. 09.04.2026 issued by the 3rd Respondent vide NHAI/PIU-ATP/ Encroachment/2026/01 in 'toto', without conducting proper survey, without according opportunity of personal hearing, without following the due process of law, ds arbitrary, illegal, contrary to the provisions of 'Control of National Highways (Land and Traffic) Act, 2002', contrary to the Final Order dt.18.12.2025 passed by this Honble Court in W.P No.35263 of 2025, besides being violative of principles of Natural Justice and consequently set-aside the impugned proceedings issued by the 3rd Respondent vide NHAI/PIU- ATP/11026/CC/2026.0582, dt. 18.04.2026 and 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 Respondent No.3 herein not to take any coercive steps including that of demolition/dispossession of Petitioner’s structure i.e. Vintage Bytes Hotel, situated in subject property admeasuring an extent of Ac.0.76 cents. Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District, A.P, and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR REVENUE 2. THANDAVA YOGESH 3. The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13997 of 2026 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to pass an order or orders or direction more particularly one in the nature of a Writ of Mandamus declaring that the action of the 3rd Respondent in issuing impugned proceedings vide NHAI/PIU-ATP/11026/CC/2026.0582 dt. 18.04.2026 holding that the Petitioner has unauthorizedly occupied an extent of Ac.0.47 Cents in Survey No.35-2 and thereby demarcating the Petitioners premises i.e. 'Vintage Bites Hotel' admeasuring an extent of Ac.0.76 cents, situated in Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District, A.P i.e., Subject Property and in trying to demolish the same by dispossessing the Petitioner herein, without considering the reply submitted on behalf of petitioner herein dt.11.04.2026 to the Preliminary Notice for Removal of Unauthorized Occupation dt. 09.04.2026 issued by the 3rd Respondent vide NHAI/PIU-ATP/Encroachment/2026/01 in 'toto', without conducting proper survey, without according opportunity of personal hearing, without following the due process of law, as arbitrary, illegal, contrary to the provisions of 'Control of National Highways (Land and Traffic) Act, 2002', contrary to the Final Order dt.18.12.2025 passed by this Honble Court in W.P.No.35263 of 2025, besides being violative of principles of Natural Justice and consequently set-aside the impugned proceedings issued by the 3rd Respondent vide NHAI/PIU-ATP/11026/CC/2026.0582, dt. 18.04.2026 and pass such other order or orders.…” 2. Heard Sri V.Sudhakar Reddy, learned counsel for petitioner and Sri M.Madaalasa, learned counsel for respondent No.1 and Sri Thandava Yogesh, learned counsel for respondent Nos.2 and 3. 4 3. Learned counsel for the petitioner would submit that issue in the present writ petition and the issue in W.P.No.11469 of 2026 dated 28.04.2026 are identical. Hence, requested to pass a similar order as passed in W.P.No.11469 of 2026, dated 28.04.2026. 4. Learned counsel for respondents does not refute the said submission. 5. In view of the same, the present Writ Petition is disposed of in terms of order, dated 28.04.2026, passed in W.P.No.11469 of 2026. There shall be no order as to costs. Registry is directed to attach a copy of the order dated 28.04.2026 in Writ Petition No.11469 of 2026, to this order. As a sequel thereto, interlocutory applications pending if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 08.05.2026 KBN 5 94 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.13997 of 2026 08.05.2026 KKBBNN