APHC010250952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13308/2023 Between: 1. K. SIVAIAH, S/O ADEANNA AGED ABOUT 60 YEARS, OCC AGRICULTURE, D.NO. 6/323, WARD NO.6, RAJAKA NAGAR, TADIPATRI TOWN, ANANTHAPURAM DISTRICT. 2. K. RANGAMMA, W/O ADEANNA AGED ABOUT 75 YEARS, OCC AGRICULTURE, D.NO. 6/323, WARD NO.6, RAJAKA NAGAR, TADIPATRI TOWN, ANANTHAPURAM DISTRICT. 3. K. ADI KESHAVA, S/O ADEANNA AGED ABOUT 51 YEARS, OCC AGRICULTURE, 1-409, SUNKULAMMAPALEM, TADIPATRI TOWN, ANANTHAPURAM DISTRICT. ...PETITIONER(S) AND 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G 5 AND 6, SECTOR-10, DWARAKA, NEW DELHI 2. THE PROJECT DIRECTOR, THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, ANANTHAPURAM, ANANTHAPURAM DISTRICT. 3. THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT, ANANTHAPURAM 4. THE JOINT COLLECTOR/CALA, (NH ACT, 1956) ANANTHAPURAM DISTRICT, ANANTHPURAM. 2 5. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAM, ANANTHAPURAM 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 to issue an appropriate order or direction more particularly one in the nature of Writ of declaring the action of the action of the respondents in proceeding to take possession of the land in an extent of Ac.1.11 cents in Sy.No.935-E, Tadipatri Village, Tadipatri Mandal, Ananthapuram District basing on the Award No.26 of 2018, dated 24.10.2018 passed by the respondent No.4 without depositing the compensation as arbitrary, illegal, quite contrary to the proceedings envisaged under Sections 3A to 3H of the National Highways Act, 1956 and the well established legal principles apart from being violative of the apart from being violative of the fundamental and Constitutional rights guaranteed to them under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently setaside the Award No.26 of 2018, dated 24.10.2018 in so for as the land in an extent of Ac.1.11 cents in Sy.No.935-E, Tadipatri Village, Tadipatri Mandal, Ananthapuram District and pass IA NO: 1 OF 2023 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 not to dispossess the petitioners from the land in an extent of Ac.1.1 1 cents in Sy.No.935-E, Tadipatri Village, Tadipatri Mandal, Ananthapuram District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR REVENUE 3. S S VARMA (SC FOR NHAI) 3 4. WRIT PETITION NO: 13373/2023 Between: 1. K RANGAIAH, S/O. K.KRISHNAMOORTHY, AGED ABOUT 62 YEARS, OCC AGRICULTURE, R/O. DOOR NO.1/187-A, 1ST WARD GANESH NAGAR, TADIPATRI TOWN AND MANDAL, ANANTHAPURAM DISTRICT. 2. N.RANGANATHAM, S/O. N.RANGAIAH, AGED ABOUT 61 YEARS, OCC AGRICULTURE, R/O.DOOR NO.4/443-1, SREE RAMULA PETA, TADIPATRI TOWN AND MANDAL, ANANTHAPURAM DISTRICT. ...PETITIONER(S) AND 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, G 5 AND 6, SECTOR-10, DWARAKA, NEW DELHI 2. THE PROJECT DIRECTOR, THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, ANANTHAPURAM, ANANTHAPURAM DISTRICT. 3. THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT, ANANTHAPURAM 4. THE JOINT COLLECTOR/CALA NH ACT 1956, ANANTHAPURAM DISTRICT, ANANTHPURAM. 5. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAM, ANANTHAPURAM 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 order or direction more particularly one in the nature of Writ of declaring the action of respondents in proceeding to take possession of the land in an extent of Ac.0.40 cents in Sy.No.138-C, Tadipatri Village, Tadipatri Mandal, Ananthapuram District, basing on the Award No.26 of 2018, dated 24.10.2018 passed by the respondent No.4 without depositing the compensation as arbitrary, illegal, quite contrary to 4 procedure envisaged under the Sections 3A to 3H of the National Highways Act, 1956 and the well established apart from being violative of the apart from being violative of the fundamental and Constitutional rights guaranteed to us under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently setaside the Award No.26 of 2018, dated 24.10.2018 in so for as the land in an extent of Ac.0.40 cents in Sy.No.138-C, Tadipatri Village, Tadipatri Mandal, Ananthapuram District and pass IA NO: 1 OF 2023 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 condone the delay of 15 days in filing the present Appeal Suit against the Judgment and Decree dt.05-12-2022 passed in O.S.No.489/2014 on the file of I Additional District Judge, Guntur, Guntur District and pass Counsel for the Petitioner(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. 3. MUDUNURI ANAND KUMAR (SC FOR NHAI) The Court made the following: 5 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.13308 and 13373 OF 2023 COMMON ORDER: Since the issue involved in both the writ petitions is one and the same, this Court deems it appropriate to dispose of these cases by way of this common order. 2. These writ petitions are filed seeking to set aside the Award No.26 of 2018, dated 24.10.2018, insofar as the lands admeasuring Ac.1.11 cents in Sy.No.935-E and Ac.0.40 cents in Sy.No.138-C situated at Tadipatri Village, Tadipatri Mandal, Ananthapuram District. 3. Both the learned counsel for the petitioners as well as learned counsel appearing for 4th respondent submitted that the prayer in these writ petitions is similar to the prayer in W.A.No.744 of 2023 and batch and requested to pass similar order in these writ petitions. 4. Acceding the request made by both the learned counsel for the petitioners as well as learned counsel for respondents, these Writ Petitions are disposed of in terms of the common order passed in W.A.No.744 of 2023 and batch dated 13.08.2024. There shall be no order as to costs. 5. Office is directed to attach a copy of the common order passed in W.A.No.744 of 2023 and batch, dated 13.08.2024, to these writ petitions. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.03.2026 KBN 6 51 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.13308 and 13373 of 2023 Date: 05.03.2026 Date: 05.03.2026 KBN