APHC010286892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 14834/2023 Between: 1. YEKKANTI LINGA REDDY, S/O LATE DHARMAIAH, AGED ABOUT 51 YEARS, OCC. BUSINESS, YINAMUKKALA VILLAGE HJO. DORNALA VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF TRANSPORT AND ROADS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET NEW DELHI- 110001. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE NATIONAL HIGH WAY AUTHORITY OF INDIA, G.5 AND 6, SECTOR -10, DWARAKA, NEW DELHI-110075, REP.BY ITS CHAIRMAN. 4. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NH-765, PRAKASAM DISTRICT, ONGOLE. 5. THE EXECUTIVE ENGINEER, NH-765, APRTC DIVISION, OPP. BIRLA COMPOUND, KURNOOL, KURNOOL DISTRICT. 6. THE SUBCOLLECTOR, MARKAPUR, PRAKASAM DISTRICT. 7. THE TAHSILDAR, DORNALA MANDAL, PRAKASAM DISTRICT 2 ...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 declaring the declaration published in Extraordinary Gazettee of India in S.0.1665 (E), dated 06.04.2023 under Section 3D (2) of the National High Ways Act, 1956 basing the on the report submitted by the respondent No.3 under Section 3D (1) of the National High Ways Act, 1956 by rejecting the objections submitted by me through the proceedings in RC.LA/G1/NH - 765/146/2022-1, Dated 31.01.2023 and the Notification, dated 19.05.2023 in R.C.L.A/G1/N.H- 765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 by the respondent No.1 for acquisition of the land in an extent of Ac.2.14 cents in Sy.No.319 of Dornala Village and Mandal, Prakasam District, for construction of a Toll Plaza as arbitrary, illegal, quite contrary to the procedure envisaged under the provisions of the National Highways Act, 1956, the National Highway Fee (Determination of Rates and Collection) Rules, 2008 and the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to set aside the declaration published in Extraordinary Gazettee in S.0.1665 (E), dated 06.04.2023 under Section 3D (2) and the Notification, dated 19.05.2023 in R.C.L.A/G1/N.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 by the respondent No.1 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 grant stay of all further proceedings in pursuance to the Notification, dated 19.05.2023 in R.C.L.A/G1/N.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 in so for as the land in an extent of Ac.2.14 cents in Sy.No.319 of Domala Village and Mandal, Prakasam District, is concerned, pending disposal of the above Writ Petition and pass WRIT PETITION NO: 14324/2023 Between: 1. AMMIREDDYMALLA REDDY, S/O. LATE VENKAIAH, AGED ABOUT 40 YEARS, OCC. BUSINESS, PEDDABOMMALAPURAM, DORNALA 3 MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF TRANSPORT AND ROADS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET NEW DELHI- 110001. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE NATIONAL HIGH WAY AUTHORITY OF INDIA, G.5 AND 6, SECTOR -10, DWARAKA, NEW DELHI-110075, REP.BY ITS CHAIRMAN. 4. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NH-765, PRAKASAM DISTRICT, ONGOLE. 5. THE EXECUTIVE ENGINEER, NH-765, APRTC DIVISION, OPP. BIRLA COMPOUND, KURNOOL, KURNOOL DISTRICT. 6. THE SUBCOLLECTOR, MARKAPUR, PRAKASAM DISTRICT. 7. THE TAHSILDAR, DORNALA MANDAL, PRAKASAM 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 declaring the declaration published in Extraordinary Gazettee of India in S.O.1665 (E), dated 06.04.2023 under Section 3D (2) of the National High Ways Act, 1956 basing on the report submitted by the respondent No.3 under Section 3D (1) of the National High Ways Act, 1956 by rejecting the objections submitted by me through the proceedings in RC.LAIGI/N11-765/146/2022-1, dated 31.01.2023 and the Notification, dated 19.05.2023 in R.C.L.A/G UN.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 by the respondent No.1 for acquisition of the land in an extent of Ac.0.22 '/2 out of Ac.0.50 cents in Sy.No.319/2 of Dornala Village and Mandal, Prakasam District, for construction of a Toll Plaza as arbitrary, illegal, quite contrary to the procedure envisaged under the provisions of the National Highways Act, 4 1956, the National Highway Fee (Determination of Rates and Collection) Rules, 2008 and the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19. 21 and 300-A of the Constitution of India and consequently to set aside the declaration published in Extraordinary Gazettee in S.O.1665 (E), dated 06.04.2023 under Section 3D (2) and the Notification, dated 19.05.2023 in R.C.L.A/G1/N.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 by the respondent No.1 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 grant stay of all further proceedings in pursuance to the Notification, dated 19.05.2023 in R.C.L.A/G1/N.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 in so for as the land in an extent of Ac.0.22 'A out of Ac.0.50 cents in Sy.No.319/2 of Dornala Village and Mandal, Prakasam District, is concerned, pending disposal of the above Writ Petition and pass WRIT PETITION NO: 14887/2023 Between: 1. NAGALLA VENKATA NARAYANA, S/O. LATE NARAYANA, AGED ABOUT 41 YEARS, OCC BUSINESS, D.NO.4-130, K.G.ROAD, DORNALA VILLAGE AND MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF TRANSPORT AND ROADS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET NEW DELHI- 110001. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE NATIONAL HIGH WAY AUTHORITY OF INDIA, G.5 AND 6, SECTOR -10, DWARAKA, NEW DELHI-110075, REP.BY ITS CHAIRMAN. 5 4. THE JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION, NH-765, PRAKASAM DISTRICT, ONGOLE. 5. THE EXECUTIVE ENGINEER, NH-765, APRTC DIVISION, OPP. BIRLA COMPOUND, KURNOOL, KURNOOL DISTRICT. 6. THE SUBCOLLECTOR, MARKAPUR, PRAKASAM DISTRICT. 7. THE TAHSILDAR, DORNALA MANDAL, PRAKASAM 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 declaring the declaration published in Extraordinary Gazettee of India in S.O.1665 (E), dated 06.04.2023 under Section 3D (2) of the National High Ways Act, 1956 basing on the report submitted by the respondent No.3 under Section 3D (1) of the National High Ways Act, 1956 by rejecting the objections submitted by me through the proceedings in RC.LA/G UNH-765/146/2022-1, dated 31.01.2023 and the Notification, dated 19.05.2023 in R.C.L.A/G UN.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 by the respondent No.1 for acquisition of the land in an extent of Ac.0.95 cents in Sy.No.317 and Ac.2.27 in Sy.No.318 of Dornala Village and Mandal, Prakasam District, for construction of a Toll Plaza as arbitrary, illegal, quite contrary to the procedure envisaged under the provisions of the National Highways Act, 1956, the National Highway Fee (Determination of Rates and Collection) Rules, 2008 and the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to set aside the declaration published in Extraordinary Gazettee in S.O.1665 (E), dated 06.04.2023 under Section 3D (2) and the Notification, dated 19.05.2023 in R.C.L.A/G1/N.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 by the respondent No.1 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 pleasedto grant stay of all further proceedings in pursuance to the Notification, dated 19.05.2023 in R.C.L.A/G1/N.H-765/146/2022 issued under Section 3 (G) of the National High Ways Act, 1956 in so for as the land in an extent of 6 Ae.0.95 cents in Sy.No.317 and Ac.2.27 in Sy.No.318 of Dornala Village and Mandal, Prakasam District, is concerned, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. 3. MUDUNURI ANAND KUMAR (STANDING COUNCEL FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) The Court made the following: 7 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.14834, 14324 and 14887 OF 2023 COMMON ORDER: Learned counsel for the petitioners sought permission of this Court for withdrawal of these writ petitions. Learned counsel endorsed the same on the bundle. Permission is accorded. Accordingly, these Writ Petitions are dismissed as withdrawn. 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: 07.01.2026 KBN 8 33 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.14834, 14324 and 14887 of 2023 Date: 07.01.2026 KBN