The High Court · 2025

10,B,Srinivas Rao, s/o Malla Rao Aged 55 years, occ agriculture, Burgupalli yilfage, Mandal and District siddipet

11.Gadila Raii Reddy, slo Ramchandra Reddy Aged 55 occ .agriculture, Chinnagundvelly , mandal and dist Siddipet

12. O.Balraju, s/o Yeliaiah Aged 60 years, occ agriculture, Village Pullure Mandal and dist Siddipet

13.Maradi Srikanlh, s1o Narsimhulu, Aged 35 years, Gee, soft wear.Borabanda, Village Tadakapalli,Mandal. Siddipet Urban, District Siddipet ...PETITIONERS .,,,AND 1 Union of lndra, Represented by its Secretary, Department of Road Transport and Highways. New Delhi 2 3 4 5 6 The National Highway Authority of lndia, Rep by its Chairman, G5 and 6, Sector'10, Dwaraka, New Delhi -1 10 076, The Regional Manager, Regional Office, National Highways Authority of lndia Qo91 No 25A and 2BA, ASCI Campus, Road No 3, B-anjarb Hills, Hyrierabad 500034 The State of Telangana, Rep. by its Principal Secretary, Revenue Department. Secretariat Hyderabad. Tfe District Collectqr, Siddipet District, flg QoTpetent Authonty for Land Acquisition, and Revenue DiviOional Officer. Siddipet Siddipet District,

7. The Competenl Authority for Land Acquisition, and Revenue Divisional Offi cer, Qajwel,Srddipet District. 8 The Project Director, PIU (Pro;ect lmplementation Unit), NHAI (Nationat Highway Authanty of lndiq) Siddipet District

9. The Tahsildar, Siddipet Urban Mandal, Siddipet District.

10.The Tahsildqr, Kondapa[a Mqndat, Siddipet District. 11 The Tahsildar, Srddipet Rural Mandal, Siddipet District.

12.Deputy Executive Engineer (R & B) NH Sub Division, Siddifet. 13 The Environment Engineer. Telangana Pollution Contrul Board, Regional Office, Siddipet ,,.BESPONDENTS Petition under Article 226 of the Constituuon of India praying that in the circum$tances stated rn the affidavit filed therewith, the High'C[urt may be pleased toto issue a writ, order or orders more particularly one in the natuie of writ of mandamus declaring the action of the Respondents 1 to 8 in changing the alignment in respect of lands between siddipet by pass as stated in Ga2ette Schedule by offrce of revenue Division offiecer Gajwel,in siddipet district, for KM 130.70 to km 14201 of NH 3658 , by office of RDO,Siddipel ,in giddipet didtricl ,for KM 142Q1 to KIV 165 45 of NH 365 B ,....for 2t4 lane paved shoulder on NH 3658 in lhe state of Telangana vide Gazette Gazate No. S.O SOdO- (E) under see 3 A (1) of NHA Act 1956 dt 27 11.2024 from the earlier alignment as contained in Option -l or ll existing Road as brownfield as arbitrary, unreasonable and unponstitution a I being devoid of principles of natural justice and failure to follow fail and transparent due process of law which consequenfly abridges qnd breaches of the Fundamental Rights of the Petitioners as contained in Article 14, 19, 21 and 300A of the Constitution of lndia. ,/tANo:1 oF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitlon, the High Court may be pleased to Grant stay of all further proceedings in pursuance of Gazette No. Gazate No. S.O 5095(E)undersec3A(1)ofNHAAct1956dt27.11.2024includingtaking poss".Sion of affeited lgnds as declared in Gazette No. SO 5095 E dated 27.11.2024 pqnding disposal of the Writ Petition. Counsel for tbe Petitioners: QRI POCHAIAH DORISHETTI Qgunsel forthe Respondent No.1: SMT. N.V.R. RAJYALAKSHMI REP' FOR SRI GADI PRAVEEN KUMAR, DY. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2,3 & 8: SRI lf. RAMU Cosnsql for [h9 Respondgnt No.4 !q 7 & I (q ] 1: {SST' GP FOR LANQ ACQUISITION Counsel for the Respon{ent No.12; ASST. GP FOR ROADS & BUILDINGS The Court made the following; ORDER r THE HONOURABLE SRI WSTICE J. SREENTVAS RAO WRIT PETITION No.6556 OF 2o25 ORDER: This unit petition is frled for the following relief: "... to issue a writ, order or orders more particularly one in the nature of writ of mandamus declaring the action of the Respondents I to 8 in changing the alignment in respect of lands between Siddipet by pass as stated in Gazette Schedule by ofhce of revenue .. Division ofhcer, Gajwel, in Siddipet district, for KM 130.70 to KM 142.01 of NH 365E}, by offrce of RDO, Siddipet, in Siddipet districr, for KM 142.01 JEo KM 165.45 of NH 3658, ..... for 2/4lane paved shoulder on NH 3658 in the State of Telangana vide Gazette No.S.O 5095 (E) under Sec.3A(l) of NHA Act, 1956 dt. 27.11-2024 from the earlier alignment as contained in Option - I or Ii existing Road as brownheld as arbitrary, unreasonable ald unconstitutional being devoid of principles of natural justice and failure to follow fair and trarsparent due process of law which consequently abridges and breaches of Fundamental Rights of the Petitioners as containbd in Article 14, 19, 21 and 300A of the Constitution of India.' 2

2. Heard D. Pochaiah, leamed counsel for the petitioners, Smt. N.V.R. Rajyalakshmi, learned counsel representing learned Deputy Solicitor General of India appearing on behalf of respondent No. 1, Sri M. Ramu, learned Standing Counsel appearing on behalf of respondent Nos.2, 3 and 8, learned Assistant Government Pleader for Land Acquisition appearing on behalf of respondent Nos.4 to 7 and 9 to 11 and learned Assistant Government Pleader for Roads and Buildings appearing on behalf of respondent No. 12.

3. With the consent of the respective partip, the writ petition is being disposed of at the stage of admission.

4. Learned counsel for the petitioners submits that prrrsuant to the impugned notification, dated 27.11-2024 issued by respondent No.1, respondent Nos.2 to 8 are trying to change the alignment.

5. Learned Assistant Government Pleader . for Land Acquisition and learned Standing Counsel basing upon the instructions furnished by respondent No.6 submits that as of / today respondent authorities have not initiated the land acquisition proceedings exercising powers conferred under the provisions of Section 3(A) of the National Highways Act,

1956. Hou,ever, respondent No. 1 issued the impugned notihcation exercising powers conferred under Section 3(a) of the 1956 Act authorizing the officers to acquire the scheduled lalds as per the provisions of the 1956 Act. Therefore, the present wnt petition is liable to be dismissed on the ground of premature.

6. Having considered the rival submissions rrEde by the respective parties and aJter perusal of the material available on record, it reveals that the petitioners have questioned the impugned notification issued by respondent No. 1 by exercising the powers conferred under Section 3(a) of the 1956 Act authorizing the concerned oflicer to perform the functions of the competent authority to acquire the scheduled properfy as per the provisions ofthe 1956 Act.

7. After perusal of the instructions furnished by the Revenue Divisional Ofhcer, Gajwel, it clearly reveals that as I t 4 t on date, the competent authority has neither issued notifrcation under Section 3(A) nor declaration under Section 3(D) of the 1956 Act and only issued notification under Section 3(a) of the Act and Enjoyment Survey Work Process is golng on.

8. In view of the same, this Court is of the considered view that no relief much less the relief sought for in this writ petition can be granted

9. Accordingly, the writ petition is dismissed. However, the petitioners are granted liberty to avai-l the r{medies as available under law whenever the competent authorit5r issues notification by exercising powers conferred under Section 3(A) of the 1956 Act. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs. SD/-MOHD. ISMAIL ASSI TANT REGISTRAR //TRUE COPY// CTION OFFICER To. '"''1 . on" CC to SRI POCHAIAH DORISHE-TTI'Advocate [oPUC] Telangana. [OUT] i. o;; cc i" snt M RAMU, Advocate [oPUCI . . 3. Two CCs to GP ron-rniio'i'c"oUis'iiioN'Higt' court for the State of 4. Two CCs to GP FOR ROADS & BUILDINGS' High Court for the State of 5. one cc to sRl GADI PRAVEEN KUMAR, (Deputy solicito',r General of lndia)', 6. Ttio CD CoPies Telangana [OUT] Hiqh court ror the staie #i;;;s;;;;t ilioeiaoaa toPUCl BN BS HIGH COURT DATED:0510312025 CC TODAY ORDER WP.No.6556 of 2025 1t{e STATA. 11 litAfl ?[25 7 ('r ( q ) ,J t d DISMISSING THE WRIT PETITION WITHOUT COSTS .\t l \ \\