APHC010485412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.25533 OF 2025 Between: K Bhagyalakshmi ...PETITIONER AND The Union of India and another ...RESPONDENTS Counsel for the Petitioner: 1. CHERUVU CHAITANYA BHARGAVA SARMA Counsel for the Respondents: 1. M UMA DEVI (CENTRAL GOVT COUNSEL) 2. THANDAVA YOGESH The Court made the following ORDER: The present Writ Petition has been filed seeking to declare the action of 2nd respondent in unlawfully stationing, parking and abandoning construction equipment and vehicles without any lawful authority in the petitioner’s land in Survey No.21/15A of Sirlapalem village, Laveru Mandal, Srikakulam district, as illegal and arbitrary, and consequently direct the respondents to SRK, J WP No.25533 of 2025 2 immediately remove all the construction equipment and vehicles from the land of the petitioner. 2. Case of the petitioner is that she is the absolute owner and possessor of immovable property admeasuring Ac.1.1400 cents in Survey No.21/15A, situated at Sirlapalem village, Laveru Mandal, Srikakulam district. She initially acquired larger extent, including Ac.6.080 cents in Survey No.21/15 under a registered sale deed bearing document No.821/1996, dated 26.08.1996. Subsequently, she executed a registered sale deed dated 01.08.2001 in favour of one Vijay Kumar Gupta, conveying an extent of Ac.4.94 cents in Survey No.21/15 and she retained possession over the remaining extent. The said Vijay Kumar Gupta, who was involved in the Highway Construction and assisting other Company for executing works for 2nd respondent – NHAI, parked heavy construction material, equipment and vehicles such as Lorries, Excavators and Proclainers in the premises of the petitioner, without her permission. On discrete enquiries, the petitioner came to know that due to contractual disputes between M/s. YOU-ONE Maharia JV and 2nd respondent – NHAI, the contractor abandoned the site and became untraceable and the said vehicles continued to remain on the petitioner’s private land without her consent or authority. 2nd respondent, having seized and taken possession of the said vehicles, as the contractor misappropriated the funds, failed to remove them from the petitioner’s land in spite of several representations. Hence, she filed the present Writ Petition. SRK, J WP No.25533 of 2025 3 3. Today, when the matter came up for hearing, learned Standing Counsel appearing on behalf of 2nd respondent – NHAI, submits that much water has flown under the bridge, since cases have been filed in the Court of Delhi and before the Arbitral Tribunal. He produced copy of order dated 12.02.2026 passed by the Arbitral Tribunal in the matter of M/s.YOU-ONE MAHARIA JV versus NHAI, wherein it was held thus. “Since the authority and powers rests with the Arbitral Tribunal and given the fact/circumstances stated by the respondent, upon verification of the record submitted, available with Tribunal, we deem it just and proper to allow the application dated 26.07.2021 read with application dated 19.03.2022 and permit the respondent to auction the plant and machinery in its custody without prejudice to the rights of the Claimant as available under law. The respondent is directed to proceed with the auction without any delay.” 4. He further submits that, since there was an order of status quo passed by the Court of Delhi in OMP No.452 of 2005, dated 23.03.2006, 2nd respondent – NHAI could not take measures for conducting auction and now, in view of the order passed by the Arbitral Tribunal, 2nd respondent – NHAI is willing to proceed with the auction without there being any delay and the entire process would be completed within a period of twelve (12) weeks. The said submission of the learned Standing Counsel for 2nd respondent – NHAI is placed on record. SRK, J WP No.25533 of 2025 4 5. In view of the aforesaid facts and circumstances, 2nd respondent – NHAI is directed to conduct auction pursuant to the aforesaid directions of the Arbitral Tribunal, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:25.02.2026 Nsr SRK, J WP No.25533 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.25533 of 2025 Date:25.02.2026 Nsr