High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in nature of writ of Mandamus, (A) declaring the action of the Respondent No. 7 in not considering the representation of the petitioner dated 16th January 2o2s and not complying with the request of respondent No.6 communicated to respondent No.7 on 22nd Jan. 2025 vide letter bearing LR No.B3/NH-65/6666/2023 as illegal, arbitrary, unconstitutional, as the same is violative of article 14 of constitution of lndia and direct the respondent No.7 to consider the representation dated. 1 6-1 -2025 and to comply with the requests of respondent No.6 communicated to respondent No.7 on 22-1-202s vide letter bearing LR I No.B3/NH-65/6666/2023 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 to 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 No.1: SRI PULIMAMIDI SHASHIDHAR REDDY, SC Counsel for the Respondent Nos.2,5&6: SRI SOMU SRINIVAS REDDY, AGP FOR LANDACQUISITION Counsel for the Respondent Nos.3&4: SRI M. RAMU, SC FOR NHAI Counsel for the Respondent No.7: GP FOR ROADS AND BUILDINGS The Court made the following: ORDER THE HON'BLE SRI JUSTICEJ.SREENIVAS RAO Writ Pctition No.3938 of 2025 Ordc r This wnt petition is filed for the follorving relief: "to issuc an appropriate Writ, ordcr or direction, morc particulady, one in narurc of Writ of Mandamus: A. Declaring thc action oI the Respondent No.7 in not considcring the represcntation oI the petitioner dated 16-01-2025 and not complying with thc rcqucst of respondent No.6 communicated to respondent No.7 on 22-Al 2025 uide lettcr bcaring I-r.No. 83 /NFl -65 / 6666 / 2023 as illcgal, arbitrarv, unconstitutional as the samc is violative o[ Artrcle 14 o[ Constitution o[ India and direct thc respondcnt No 7 to consider the rcpresentation dated 16-01 2025 ar d to comply with the requests of respondent No.6 communicated to respondent No.7 on 22-01 2025 uide lettet bearing Lr.No.B3lNH -65 / 6666 / 2023; B. Consequendv direct all the respondents to stncdy follow thc proccdure laid down by law and also under thc National Highrvays Act, 1956 and Act No.30 of 201,3 rvith respcct to lands proposed 2 to be ac<luircd by the re spondcnts authoritics for alignment oI National Flighway 65 and; (1. And pass such othcr order or orders as this I lon'ble Court may deem f,rt and proper in thc intcrests oI justice."
2. Heard Mr. Sankalp Pissay, learned counsel for the petitioner, Mr. P.Sashidhar Reddy, learned counscl for respondent No.1, Mr. Somu Srinivas Reddy, learned Assistant Government l)leader for Land Acquisition appearing' for respondents No.2, 5 znd 6, ir[r. X{.Ramu, learned Sranding (-ounsel appearing for respondents No.3 and 4 through video confcrencc and learned Government Pieader tbr Roads and Buildings appearing for respondenr No.7.
3. \X'ith the conseflr of learned counsel for the parries, rhe rvrit petition is disposed of at the stage of admission.
4. Lcarned counsel for the peririoner submits that lands in and around Survey No.133 oi Pothireddlpally, Sangareddy f'own, ersnvhile Medak Disrrict, rvere acquired by the National Highrvays Authoritics of India for laying 200 feet of National I __=/ 3 Highway 65 and for this purpose, properry was acquired on both sides of the Highway. As the divider was unevenly laid peririoner being the affected parq' has submitted representadon before respondent No.5 on 16.01.2025 requesring to conduct survey and acquire thc lands in alignment. Pursuant to the said representation, respondent No.6 aide letter dated 22.0L.2025 directed respondent No.7 to consider thc ciaim of the petitioner. In spite of the samc, rcspondent No.7 has not I I taken any steps to consider the same.
5. Learned Governmcnt Pleader for lloads and Buildings submits that respondent No.7 rvill consider thc representation submitted by the petitiofler on 16.01,.2025 in accordance with law and requested this Court to grant reasonable time.
6. In view of aforesaid submission, without expressing any opinion on 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 petitioner on 25.01.2025 and pass appropriate orders 4 thercon in accordance with law, after affording an opportuniry of pcrsonal hcaring ro the pedrioner and within a period of slx wecks from the date o[ receipt of a copy of this order.
7. Subject ro rhc above direction, the Wrir petition is disposed of. No costs ;\s a sequei, miscellaneous peritioos,, pending if any, stand closccl To, //TRUE COPYII SD/.. L. VIJAYA MI ASSISTANT REGI TRAR SECTION FICER India, Department of National Hiohwav Roads t Jng O1 Secretary, !_lnion of tndia, NHAt/Nationat High Way Authority of 2 The Princip^glSg.Iutrry, Revenu-e De[artment, (Land Acquisition). Secretariat - Buildings, BRKR Bhavan, Hyderabad, Telangan'a - 500063 3. The Director, National Highviay Authority of l-ndia, New Delhi. 4. The Regional ojficer, Naiional- Highwaybf lndia, panchavati society colonv. _ !.et [1qc.utiv_e Enclave, Green Valley, Banjara Hills, Hyderabad. 5. The District Collector, Sanqareddy district Telanoana. 6. The Revenue Divisional Oificer, ^Sangareddy Dislrict Telangana. 7. Executive Engineer 1R and p), .1"t Fl6or, R and B Complex] A.C. Guards, B Two ccs to GP FoR ROADSIND BUILDINGS, High court forthe state of 9. Two Cts ro GpFOR LAr,iD AieUtStTlON, Hiqh Court for the State of 10.One CC to SRt. SANKALP ptSSAy, Advocate tOpUCl 1'l . One CC to SRl. PUL|MAMIDt SHASHTDHAR REDDY, Advocate tOpUCI 12.One CC to SRl. tVI. RAMU, SC FOR NHA| IOPUC] 13.Two CD Copies Telangana. at Hyderabad [OU! Telangana, at Hyderabad [OUT] Masab Tank, Hyderabad - S00 004. BM CC TODAY STAT€ o 1 ,\ C o *- tItiB DEsr,' HIGH COURT DATED:1 210212025 ORDER WP.No.3938 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS