High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the. High Court may be pleased to issue a Writ or Writs, Order or Direction more particularly in the nature of Writ of [\4andamus declaring the action of the Respondents No.2 and 3 in not following the due process of law while considering the arbitration application dt 25.01 .2022 with in time limit of 12 months under Sec 29 A, of THE ARBITRATION AND CONCILIATION ACT, 1996 is illegal, arbitrary, violative principles of natural justice and also violative of Article '14, 21, 300-4 of the Constitution of lndia and consequently direct the respondents to conduct the .ar- enquiry on the claim petitions filed under section 3G of lrlational Highways Act, 1956 in enhancing award within the stipulated time as cont3mplated in the Act. lA NO: 1 OF 2024 Petition under section 151 CPC praying that in the ,lircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No. 3 to dispose of the claim petltion dt 25.01 .2022 filed under Sec 3G of the National Highways Act, 1956 while passing the enhanced award withrn the stipulated time as contemplated in the Act pending disposal of the write petition. Counsel for the Petitioner: SRI POCHAIAH DORISHETTI qounsel for the Respondent No.1 to 3: AGP FOR LAND ACQUISITION Counsel for the Respondent No.4 to 6: GP FOR ROAD & BUILDINGS Counsel for the Respondent No.7: SRI M.RAMU, SC FOR NHAI The Court made the following: ORDER THE HON,BLE SRI JUSTICE N.V.SHRA VAN KUMAR WRIT PETITION No. 36668 of2024 ORDER: Heard learned counsel for the petitioner ald Assistant Government Pleader for Land Acquisition appearing for respondent Nos. 1 to 3, learned Government pleader for Road Buildings arrd Mr, M.Ramu, learned Standing Counsel for National Highways Authority of India, appearing for respondent No.7.

2. This Writ petition is filed seeking the following relief: ".....to Lssue a Wit or Wits Order or Direction more particwtarlg in the ndhtre of Writ of Manlldmus declaing the action of the Resryndents No.2 aru7 3 in not follow.ing the due process of hw uhile iortsiaeAig the arbitation appticatiii dated 25.O j.2022 Luithin. time limit oJ 12 months un(ler Sectian Z9-i of ii Arbitration And Conciliatton .Acl 1996 is ilLegal arbttrary uiolatiue pincip,tes if natural justice and also uiolatiue of Articte i+,21, SOOA of fiE C;Lsdtutlan;f Iniia and. con_sequentlg direcl tlle respondents to coruluci th.e enquirg on titr claim petitians fted under Section iG of Natbnat Highwags a.t, iSSA in enhancing a utard uithin the stipulated timi o_s contemplatea tnlne aci ana pas,i such other order or orders-"

3. When the matter is taken up for headng, learned counsel for the petitioner submitted in similar circumstance this court disposed of the writ petition No.4167 of 2o2s bv order dated t I

27.O2.2O25, passed the following order:_ " Hauing considered firc.21tbmisslons mad.e bg leamed rrlunsel, Jor the parties, th.e present urit petition is djsposed of itrefiing respond.ent Nos-2 a.nd 3 to consider th.e appltcation aitea Zi.Og.ZOZi suimitted bg the petitioner anrT pa's appropiate order in qccordance uith rau uithin a peiod,of Jour (04) weeks from date of receipt of a copg of this order, if not already disposed of. No ord.er ds fo cjsts". I j l , 'l o

4. Learned counsel for the petitioner further pray this Court to pass similar order as passed in W.P.No. 416'; of 2O25 by order dated 27.O2.2O25.

5. Learned Assistant Government Pleader appearing for respondents did not dispute the same.

6. In vierv of the above submissions made blr both the parties and in terms of the order dated 27.O2.2025 passed W P'No'4167 of 2025, this writ petition is disposed of directing respondent Nos.2 and ll to consider the application Tated 25.01.2022 submitted bl the petitioner and pass appropriate order in accordance v,ith law within a period of four (04) weeks from the date of receipt of a copy of this order and comrnunicate the same to the petitioner. 7 . Miscella-neous Petitions pending, if any, ir-. this Writ Petition shall stand disposed of. //TRUE COPY// SD/-N. SRIHARI QEPUTY REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Land Acquisition, Secretariat Building, Hyderabad, State of Telanga na.

2. The Competent Authority For Land Acquisition and Addl. Collector, [/lancherial.

3. The District C)otlector cum Arbitrator, under National hil;h way act, Mancherial 4. The Assistant Executive Engineer, ( R and B), Section l'/ancherial 5. The Dy. Executive Engineer, (R and B ), Sub-Div, Mancherial 6. The Executive Engineer, (R and B ), Division, lvlancherial \ 7 The. Project Director, _National Highways Authority Of India, project lmplementation Unit, ACC, Mancherial.

8. One CC to SRI POCHAIAH DORISHETTI, Advocare IOPUCI 9 One CC to SRI M RAMU, SC FOR NHA| [OPUC] 10.Two CCs toGP FOR LAND ACOUISIT|ON, Hiqh Court for the State of felangana at Hyderabad [OUT] 'l 1.Two CCs to GP FOR ROAD & BUILDINGS, Hiqh Court for the State of Telangana at Hyderabad [OUT] I '12.Two CD Copies BSR BS N- HIGH COURT DATED:0210412025 t l , I ORDER WP.No.36668 of 2024 ,-16 2 1 APB 2025 ,^\ \ \ ;/ k (a o o 9 '1 \ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS N