Chandra Prakash Rathod v. Authority of lndia

Petition under Article 226 ot lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly one in the nature of Writ of Mandamus. A. Declaring the action of the Respondent No. 7 in not considering the representation of the Petitioner 1610112025, and not complying with the request of Respondent No.6 communicated to Respondent No.7 on 2210112025 vide Letter bearing Lr.No. B3/NH-651666612023, as illegal, arbitrary, unconstitutional as the same is violative of Article 14 of Constitution of lndia. and B. Consequently direct all the Respondents to strictly follow the procedure laid down by law and also under the National Highways Act 1956 and Act No.30 of 2013, with respect td lands proposed to be acquired by the Respondents authorities for alignment of National Highway 65 lA NO: 1 OF 2025 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 direct Respondent authorities not to take illegal possession of the petition subject lands without due process of law, pending disposal of the main writ petition, in the interest of justice. Counsel for the Petitioner: SRl. SANKALP PISSAY Counsel for the Respondent Nos. 1,3&4: Smt. T. SUHASINI, SC FOR NHAI Counsel for the Respondent Nos. 2,5&6: GP FOR LAND ACQUISITION Counsel for the Respondent No.7: GP FOR ROADS AND BUILDINGS The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENryAS RAO WRIT PETITION No.37O3 of 2o25 ORDER: This writ petition is filed seeking the following relief: " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.7 in not considering the representation of the petitioner 16 / O I I 2025 and not complying with the request of Respondent No.6 communicated to Respondent No.7 on 22lOll2025 vide Letter bearing Lr.No.B3/NH65/ 6666 /2023 as illegal, arbitrary, unconstitutional as the same is violative of Article 14 of Constitution of India and consequently direct all the respondents to strictly follow the procedure laid down by law and also under the National Highways Act 1956, and Act No.3O of 2Ol3 with respect to lands proposed to be acquired by the Respondents authorities for alignment of National Highway 65."

2. Heard Sri P.Sankalp, learned counsel for the petitioner and Smt.T.Suhasini, learned Standing Counsel for respondent Nos. 1, 3 and 4, learned Assistant Government Pleader for Land Acquisition for respondent Nos.2, 5 and 6 and learned Government pleader for Roads and Buildings for respondent No.7.

3. With the consent of learned counsel for the parties, the writ petition iS being disposed of at the stage of admission. I I I I u 2

4. Learned counsel for the petitioner submits that petitioner has submitted representation before respondent No.S on 16.01.2025, requesting respondent Nos.S to 7 to conduct survey to acquire the lands in alignment. pursuant to the said representation, respondent No.6 has issued letter on 22.OL.2025, directing respondent No.7 to consider the claim of the petitioner. Inspite of the sarne, respondent No.7 has not taken any steps to consider the same, without any reasons

5. Learned Assistant Government pleader for Roads and Buildings submits that respondent No.7 win consider the representation submitted by the petitioner dated 16.OL.2O25, in accordance with law and requested this Court to grant reasonable time.

6. In view of the above said submissions, without going into the merits of the case, this Court deems it appropriate to dispose of the Writ petition, with a direction to respondent No.7 to consider the representation submitted by the 3 petitioner dated 16.01.2025 and pass appropriate orders in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition sha-ll stand ciosed. There shall be order as to costs. //TRUE COPY// SD/- T.TIRUMALA DEVI ASSISTANT REGISTRAR , SECTION OFFICER {_ To,

1. The Deputy Secretary, Union of lndia, NHAI/National High Way Authority of lndia, Department of National Highway Roads

2. The Principal Secretary, Revenue Department, (Land Acquisition), Secretariat Buildings, BRKR Bhavan, Hyderabad, Telangana - 500063 3. The Director,National Highway Authority of India, New Delhi. 4. The National Highway of India, Regional Officer, Panchavati Society Colony, SBI Executive Enclave, Green Valley, Banjara Hills, Hyderabad.

5. The District Collector, Sangareddy District Telangana. 6. The Revenue Divisional Officer, Sangareddy District Telangana. 7. The Executive Engineer (RandB), 1" Floor, R and B Complex, A.C. Guards, Masab Tank, Hyderabad - 500 004. ' B. One CC to SRl. SANKALP PISSAY, Advocate IOPUC] 9. One CC to SRl. GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA I [oPUC]

10.Two CCs to GP FOR ROADS AND BUILDINGS, High Court for the State of '1 'l .Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana, at Hyderabad [OUT] Telangana, at Hyderabad [OUT]

12.One CC to Smt. T. SUHASINI, SC FOR NHAI [OPUC] 13.Two CD Copies $ BM HIGH COURT DATED:1010212025 ORDER WP.No.3703 of 2025 CC TODAY ( I J d SIAr€ { Y\F- i Cl .b A' t 1? ttB ?u25 l DESPr^T DISPOSING OF THE WRIT PETITION WITHOUT COSTS @P4to +Xff