High Court · 2025

Petition under Anide 226 of the constitution of rndia praying rhat in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particurarry one in the nature of writ of Mandamus, dectaring the action of the Respondent Nos.2 to 7 in threatening to demolish the petitioners portion of house property bearing , H.No.2-1 1/A to an extent of 200 sq. yards situated at Kotabaspa y Village, Tandur Mandal, Vikarabad District under the guise of Road Widening by A encroaching 30' Feet into the petitioners property and prop:;ing to demorish the existing structures without recourse to any acquisition prc:ess and notice as illegal, arbitrary, unconstitutionar and contrary to the pr( visions of Nationar Highways Act and consequenlly direct the Respondent Nos.2 to 7 not to dispossess by demolishing the existing residential hou e property of the petitioner bearing H.No.2_11lA to an extent of 200 st1 yards situated at Kotabaspally Village, Tandur Mandal, Vikarabad District rv thout following due procedure of acquisrtion and notice and by paying cc npensation to the petitioner, in the interest of justice. lA.No.1 of 2025 Petition -"rnder section 15'1 cpc praying that in the ; .cumstances stated in the affidavit fired in support of the petition, the High cou-1 may be preased lo direct the Respondent Nos.2 to 7 not to dispossess by denr rlishing the existing residential, house property of the petitioner bearing H.No.2. i/A to an extent of 200 sq' yards situated at Kotabaspaly Vi[age, Tandur Manda , Vikarabad District without following due procedure of acquisition and no,r e and by paying compensation to the petitioner, pending disposal of the abovl writ petition. Counsel for the petitioner: SRI C.HARI PREETH Counsel for the Respondent No.1: SMT N.V.R.RAJYALAKSH Vll, SC FOR CENTRAL GOV]" Counsel forthe Respondent No.2 & 3: SRI M.RAMU, SC FO* NHA| Counsel for the Respondent No.4 to 6: cp FOR ROADS & B( ILDINGS Counsel for the Respondent No.7: SRI K.PRADEEP REDDY. ;C FOR Zpp The Court made the following: ORDER 51 I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.26218 OF 2o25 ORDER: The grievance of the petitioner in the present Writ Petition is to declare the action of the respondent Nos.2 to 7 in threatening to demolish the petitioner's portion of house property bearing H.No.2- 11/A to an extent of 2O0 sq. yards situated at Kotabaspally Village, Tandur Mandal, Vikarabad District under the guise of Road Widening by encroaching 30' Feet into the petitioner's property and proposing to demolish the existing structures without recourse to any acquisition process and rx,ithout notice, as being illegal and arbitrary.

2. Heard learned counsel for petitioner, Smt N.V.R.Rajyalakshmi, learned Central Government Standing Counsel appearing for respondent No. 1, Sri M.Ramu, learned Standing Counsel appearing for respondent Nos.2 & 3, Iearned Government Pleader for Roads & Buildings appearing for respondent Nos.4 to 6, and Sri K. Pradeep Reddy, learned Standing Counsel appearing for respondent No.7.

3. It is the case of the petitioner that he is the owner arrd possessor of the subject properry and is in enjoyment of the same for the last 30 years; that he has been paying property tax and is having electriciry connection to the said property; and that the 2"d I 2 respondent under the guise of road widening i.e., Nati ,nal Highway Road No. 167, which is going through their village. s interfering \ with his property rvithout issuing any notice and rvitl- rut following due lrrocess of law.

4. karned Government Pleader for Roads !, Buildings appearing for respondent Nos.4 to 6, has placed belc -e this Court written instructions, dt.Ol.O9.2025 under the signar rre of the 6tl, respondent. By the said written instructions it is c( ntended that as per the sanct.ioned "Road Widening & Strcnrl hening to 4 lane f 2-lane with paved shoulders of Mahabubnr l:lr C)hincholi Section from' km 60+255 to km IO2-a34 of I H1b7N, the demarcation of encroachments was made t() identify the encroachments falling within the Right of Way(RoW).

5. Learned Government Pleader further submits rr ; per the said demarcation part of the petitioner's propert5r i.e., cc mpound wall for length of 4X9 feet is falling within the RoW i.e., .5r) feet on either side of NH167N at km 100+890, and since, any cn, roachments/ temporary structures falling within the RoW are to t: removed by the villagers voluntarily, the respondents have not e I .cred into the petil ioner's land as alleged.

6. lrarned Government further contends that rl e ar-rthorities woulcl follow due process of law for getting the r:..croachments evicted/demolishing the unauthorized constructions r radc. I\1 & \ 3 7 . The aforesaid submission made by the learned Government Pieader, basing on the written instructions, is placed on record.

8. In view of the above submissions, the Writ Petition is disposed of directing the respondents not to interfere with the possession/enjoyment of the petitioner over the subject property, without following due process of law while proceeding with the subject road widening work. No order as to costs. Consequently, miscellaneous applications, pending if any, shall stand closed. ( I S -ttt.OSUAN ALI BAIG ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Deputy Secretary Ministry of Road TransPort d Highways (Planning arliament Street New Delhi, Union of lndia P Zone) Transport, Bhavan, 1, 110 001.

2. The Director, National Highway Authority of lndia' New Delhi' 3 The Reqional Officer, National Highway Authority of India Regional Office' - 4. The Principal Secretary Roads and Buildings Department Secretariat' Road N63. Baniara Hills, Hyderabad Hyderabad, State of Telangana 5. The Executive Engineer, Roads Vikarabad District. and Buildings Department Vikarabad'

6. The Executive Engineer, Roads and Buildings Department Mahabubnagar' Mahabubnagar District. 7 The Panchavat Secretary, Kotabaspally Gram Panchayat' Kotabaspally' Tandur Mand'al, Vikarabad District' L G '

8. One CC to SRI C.HARI PREETH' Advocate [OPUC] 9. One CC to SRI M.RAMU' SC FOR NHAI [OPUC] 10.One CC to SRI K.PRADEEP REDDY' SC FOR ZPP [OPUC] '11. One CC to SMT N.V.R.RAJYALAKSHMI' SC FOR CENTRAL GOVT IOPUCI 12.TwoCCstoGPFoRRoADS&BU|LDING,HlghCourtfortheStateof - Telangana at HYderabad [OUT]

13. Two CD CoPies BSR PMK \$' HIGH COURT DATED:0210912025 ORDER WP.No.26218 ot 2025 ta, 9,. [.:i i'25 L ./: ' -. lta; l,) i. i-r t\,i- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 0