CRP/1492/2026 of National Highways Authority of India Vs Merugu Kasi Rameswara Rao, on 6 May 2026

1. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP BY ITS PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, VIJAYAWADA, OFFICE AT PLOT NO 74, VANAMALI BUILDING, NEAR NAC KALYANA VEDIKA, COMMERCIAL TAXES COLONY, VIJAYAWADA.

...PETITIONER AND

1. MERUGU KASI RAMESWARA RAO, S/O NARASAIAH, R/O GANDIGUNTA VILLAGE VUYYURU MANDAL, KRISHNA DISTRICT.

2. THE SUB COLLECTORCUM CALA, NUZVID, KRISHNA DISTRICT

...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to set aside the order of attachment passed dated 05/02/2026 passed in E.P No 456 of 2021 by the learned XIII Additional District and Sessions Judge, Vijayawada in the interest of Justice, Equity and Good conscience. 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 grant stay of all further proceedings in pursuance of the order of attachment dated 05/02/2026 passed in E.P No 456 of 2021 by the learned XIII Additional District and Sessions Judge, Vijayawada pending disposal of the C.R.P Counsel for the Petitioner:

1. AKHIL KRISHNAN NHAI Panel Advocate Counsel for the Respondent(S):

1. The Court made the following:

ORDER :- (per Hon’ble Sri Justice Ravi Nath Tilhari)

This Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 05.02.2026 passed in ARB.E.P.No.456 of 2021 in A.O.P. No. 51 of 2017 on the file of the XIII Additional District and Sessions Judge, Vijayawada.

2. Heard Sri Akhil Krishnan, learned Standing Counsel for the National Highways Authority of India (NHAI), appearing for the petitioner.

3. For the order proposed to be passed and as keeping the petition pending to issue notice to the respondents, would serve no useful purpose. Notice to the respondents is dispensed with, but his interest would be safeguarded.

4. An Award No.1/2016-17, dated 23.05.2016, was passed by the Competent Authority (Land Acquisition), Revenue Divisional Officer, Nuzividu, determining the compensation. Being dissatisfied with the said award, the decree-holder approached the Arbitrator under Section 3- G(5) of the National Highways Act, 1956. The Arbitrator & Joint Collector, Krishna, vide proceedings in Rc.No.G2A.51/2017, passed an award dated 02.05.2019 in favour of the 1st respondent and against the revision petitioner, enhancing the compensation to certain extent.

5. Aggrieved by the award dated 02.05.2019, the petitioner/judgment debtor No.2 filed ARB.O.P.No.331 of 2019 on the file of the learned Principal District Judge, Machilipatnam, along with I.A.No.371 of 2021 seeking stay of operation of the award passed in Rc.No.G2A.51/2017, dated 02.05.2019, which is stated to be pending before the Court of the XI Additional District Judge, Gudivada, to which the matter was made over, in ARB.O.P.No.50 of 2021.

6. Learned counsel for the petitioner submits that the stay application filed along with the petition under Section 34 of the Act, 1996 is still pending consideration. He submits that though the delay in filing the petition was condoned, the application for interim relief has not been disposed of till date. He further submits that, in the meantime, the 1st respondent filed ARB.E.P.No.456 of 2021 for execution of the Award, and in the said E.P., the impugned order dated 05.02.2026 has been passed. He submits that the Executing Court has taken the view that unless stay is granted, the execution proceedings can be continued.

7. The grievance raised is that, on the one hand the application seeking stay of the Award is pending consideration since long, which remains undisposed of, and on the other hand, the Award is being put to execution.

8. Considering the submissions of the learned counsel for the petitioner, we are of the considered view that, in terms of Section 36(2) of the Act,1996, an Award becomes executable unless stayed by an order of the Court. However, once an application seeking grant of stay of the Award is filed, the same is required to be considered and disposed of expeditiously, so as to balance the rights of both parties and to avoid rendering the proceedings under Section 34 of the Act, 1996 infructuous.

9. Accordingly, this Civil Revision Petition is disposed of, with a direction to the XI Additional District Judge, Gudivada, to consider the application filed in ARB.O.P.No.50 of 2021, seeking stay of the Award vide proceedings in Rc.No.G2A.51/2017, dated 02.05.2019, and pass appropriate orders in accordance with law, after giving due opportunity of hearing to the 1st respondent herein, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order.

10. Till disposal of the stay application, the further execution proceedings pursuant to the impugned Award dated 02.05.2019 and the impugned order dated 05.02.2026, shall remain stayed, subject to the condition that the petitioner deposits 1/3rd of the amount under execution, before the Executing Court within a period of two (02) weeks from today.

11. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.

____________________ RAVI NATH TILHARI, J

_____________________ BALAJI MEDAMALLI,J Date :07.05.2026. RPD.

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

(DISPOSED OF)

CIVIL REVISION PETITION NO: 1492 OF 2026 Date: 07.05.2026

RPD.