Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 2419 (AP)

SURYADEVARA RAMA RAO v. UNION OF INDIA

WP/14355/2026 · 2026-05-13

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010280082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 14355/2026 Between: 1. SURYADEVARA RAMA RAO, S/O. SATYANARAYANA, AGED 61 YEARS, OCC. CULTIVATION AND SERVICE, RIO D.NO.18- 108,VEDIRI TOWNSHIP,AMEENPURVILLAGE, MIYAPUR, HYDERABAD, TALANGANA STATE. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI- 110 001. 2. THE DIRECTOR, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI -110 001. 3. THE COMPETENT AUTHORITY FOR LAND ACQUISITION CALA, AND JOINT COLLECTOR, VIJAYAWADA, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT -520 010. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, COLLECTORATE,VIJAYAWADA,NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT - 520 010. 5. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), PROJECT IMPLEMENTATION UNIT (PUI), VIJAYAWADA, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT - 520 010. 2 6. THE REVENUE DIVISIONAL OFFICER, NANDIGAMA, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT - 521 185. 7. THE TAHSILDAR, KANCHIKACHARLA MANDAL, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT - 521 180. ...RESPONDENT(S): Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. THANDAVA YOGESH The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue a Writ, Order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of respondents, more particularly Respondents 3 to 5, in not considering the petitioner's objections submitted by way of representation dt. 06.04.2026 pursuant to Gazette Notification dt. 05.01.2026 under Section 3A(1) of the National Highways Act, 1956, issued by the respondents thereby notifying to acquire my lands bearing LP No. 557, admeasuring Ac. 2.17729 hectares, and LP No. 592, admeasuring Ac. 0.348042 hectares, situated at Munnaluru Village, Kanchikacherla Mandal, NTR District and in not affording an opportunity of personal hearing under Section 3C (2) of the National Highways Act, 1956, as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India, and consequently direct the respondents to consider the petitioner's said objections and afford him an opportunity of personal hearing without proceedings further and pass appropriate orders in accordance with law…” 2. Heard learned counsel for the Petitioner and the learned Assistant Government Pleader for Revenue Department. 3. Mrs. Nimmagadda Revathi, learned counsel for the Petitioner, submits that Respondents 3 to 5 have failed to consider the objections submitted by 3 the Petitioner on 06.04.2026 pursuant to the Gazette Notification dated 05.01.2026 issued under Section 3A(1) of the National Highways Act, 1956 (for brevity, ‘the Act’), whereby the Respondents proposed acquisition of the Petitioner’s lands. She further submits that no opportunity of personal hearing, as mandated under Section 3C(2) of ‘the Act’, has been afforded to the Petitioner. 4. The learned standing counsel appearing for Respondent No. 5 submits that the representation, as contended by the Petitioner, has not yet been considered, but assures that at the appropriate stage the representation will be duly taken into account in accordance with law. 5. Sri B. Venkata Satyanarayana, learned Assistant Government Pleader for Revenue, and Mr. T. Niranjan, learned standing counsel appearing for Respondent Nos.1 and 2, also submit in similar terms, supporting the contention of Respondent No. 5. 6. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the Respondent Nos. 3 to 5 to consider the Petitioner’s objections, including the initial objection dated 10.01.2026 and the subsequent representation dated 06.04.2026, submitted pursuant to the Gazette Notification dated 05.01.2026 issued under Section 3A(1) of ‘the Act’, before issuing the declaration under Section 3D of ‘the Act’, in accordance with law. The Respondents shall take both objections into consideration by 4 affording due and sufficient opportunity of personal hearing to the Petitioner, and thereafter pass appropriate orders in accordance with law. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J Date: 14.05.2026 PRA 5 25 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 14355 of 2026 Date: 14.05.2026 PRA