Andhra Pradesh High Court - Amravati
Writ Appeal Under Clause 15 Of The ... vs The Union Of India on 12 March, 2026
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
APHC010116752026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3558]
(Special Original Jurisdiction)
THURSDAY,THE TWELFTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT APPEAL NO: 228/2026
Writ Appeal under clause 15 of the Letters Patent Appellants beg to
present this Memorandum of Writ Appeal aggrieved by the order dated
25.02.2026 in W.P.No.5505 of 2026 passed by the Hon'ble High Court
Between:
1. M MUNIVEERAIAH, S/O. M.MALLAIAH, AGED ABOUT 85 YEARS,
R/O. D.NO.7-124, KURUBA STREET, BAIREDDYPALLE VILLAGE
AND MANDAL, CHITTOOR DISTRICT.
2. L. RAMAPPA, S/O. LATE LINGAPPA, AGED ABOUT 60 YEARS, R/O.
D.NO.5-21, KURUBA STREET, BAIREDDYPALLE VILLAGE AND
MANDAL, CHITTOOR DISTRICT.
...APPELLANT(S)
AND
1. THE UNION OF INDIA, MINISTRY OF ROADS, TRANSPORT AND
HIGHWAYS, REP. BY ITS SECRETARY, ROOM NO.316,
TRANSPORT BHAWAN-1, SANSAD MARG, NEW DELHI - 110 001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP BY ITS
DIRECTOR, R/O. D.NO.289/1, SALEM ROAD, NEAR KAKC PETROL
BUNK, POWER HOUSE, KRISHNAGIRI POST AND DISTRICT.
3. SRI AMEEN KHAN, S/O. NOT KNOWN. DIRECTOR, NATIONAL
HIGHWAYS AUTHORITY OF INDIA, R/O. D.NO.289/1, SALEM ROAD,
NEAR KAKC PETROL BUNK, POWER HOUSE COLONY,
2
CMR,J & GTK,J
W.A.No.228 of 2026
KRISHNAGIRI POST AND DISTRICT
4. THE JOINT COLLECTOR CUM COMPETENT AUTHORITY FOR
LAND ACQUISITION NHAI, , BANGALORE-CHENNAI EXPRESSWAY,
CHITTOOR DISTRICT.
...RESPONDENT(S):
IA NO: 1 OF 2026
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
Pleased to dispense with the certified copy of the order in W.RNo.5505 of
2026, dated 25.02.2026 and pass
IA NO: 2 OF 2026
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
Pleased to direct the Respondents No.2 to 4 in not dispossess the Appellants
from the land in Sy.No. 167/1, 169/1 + 3A of Devadoddi Revenue Village,
Baireddipalle Mandal, Chittoor District, pending disposal of the above Writ
Appeal and pass
IA NO: 3 OF 2026
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
pleased to suspend the operation of the notification issued vide proceedings
in S.O.No.5001 (E) under Sub Section 1 of Section 3A of National Highways
Act, 1956, pending disposal of the above Writ Appeal and pass
Counsel for the Appellant(S):
1. K RAGHU VEER
Counsel for the Respondent(S):
1.
The Court made the following:
3
CMR,J & GTK,J
W.A.No.228 of 2026
JUDGMENT:(Per Hon'ble Sri Justice Cheekati Manavendranath Roy) Aggrieved by the order dated 25.02.2026 of the learned Single Judge passed in Writ Petition No.5505 of 2026, the instant Writ Appeal has been filed by the appellants.
2. Heard Sri K.G.Krishna Murthy, learned Senior Counsel appearing on behalf of Sri K.Raghuveer, learned counsel for the appellants and Sri Thandava Yogesh, learned Standing Counsel appearing for respondent No.2-National Highways Authority of India.
3. The appellants are the petitioners in the above Writ Petition. Challenging the validity of the notification issued to acquire the lands in question by the National Highways Authority on the grounds which are urged in the Writ Petition, they have filed the Writ Petition. Along with the Writ Petition, they sought for interim relief not to dispossess the petitioners from the lands sought to be acquired till the disposal of the Writ Petition. The learned Single Judge by the impugned order held that any dispossession shall not be made from the subject land except by following the due process of law. Contending that by following the procedure contemplated under law that the respondents may dispossess the petitioners from the land, the petitioners prayed to set aside the said order and to pass an order not to dispossess the petitioners from the land till the disposal of the Writ Petition.
4. Learned Standing Counsel for the National Highways Authority of India now submits that the counter in the Writ Petition was already filed and the Writ Petition is now ripe for hearing and for disposal.
5. In that view of the matter, we are of the considered view that this Writ Appeal can be disposed of with a direction to the respondents not to dispossess the appellants/petitioners from the subject land till the controversy is resolved in the Writ Petition, and with a further request to the learned Single Judge to dispose of the said Writ Petition within a period of four (04) weeks, in view of the urgency urged by learned Standing Counsel for the National 4 CMR,J & GTK,J W.A.No.228 of 2026 Highways Authority of India that the Award is required to be passed in a month, as there is an imminent need to acquire the lands for public purposes.
6. Therefore, the Writ Appeal is disposed of with a direction to the respondents not to dispossess the appellants/petitioners from the subject land till the disposal of the Writ Petition. The learned Single Judge shall make an endeavour to dispose of the said Writ Petition within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
7. As a sequel, Miscellaneous Applications pending, if any, shall stand closed.
________________________________________ CHEEKATI MANAVENDRANATH ROY, J _______________________ TUHIN KUMAR GEDELA, J Date : 12-03-2026 BMS