WP/1991/2018 of B. Babu, Vs National Highways Authority of India on 12 February 2026

1. B. BABU,, S/O. B.ESHWARAIAH, AGED

YRS, OCC, AGRICULTURE, R/O KOTHAPALLY, RAMAPURAM MANDAL, KADAPA DISTRICT.

2. J.RAMANAIAH, S/O J.CHINNA GANGULU, J.RAMANAIAH, S/O J.CHINNA GANGULU, AGED 38 YRS, OCC, AGRICULTURE, R/O KOTTHA ROAD, NARAYANAPURAM, RAMAPURAM MANDAL, KADAPA DIST.

3. G.PULLAMMA, W/O. G.NITYA PUJA, G.PULLAMMA, W/O. G.NITYA PUJA, AGED 40 YRS, OCC, AGRICULTURE, R/O HARIJANAWADA, REDDIVARIPALLE VILLAGE, RAMAPURAM MANDAL, KADAPA DISTRICT.

4. P.GANGULAMMA, W/O P.NARSIMULU, P.GANGULAMMA, W/O P.NARSIMULU, AGED

YRS, OCC, AGRICULTURE, R/O HARIJANAWADA, REDDIVARIPALLE VILLAGE, RAMAPURAM MANDAL, KADAPA DISTRICT.

...PETITIONER(S) AND

1. NATIONAL HIGHWAYS AUTHORITY OF INDIA, NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS EXECUTIVE ENGINEER, NATIONAL HIGHWAY NO.40. KOTIREDDY CIRCLE, MARIAPURAM, KADAPA, ANDHRA PRADESH.

2. THE REVENUE DIVISIONAL OFFICER/COMPETENT AUTHORITY, THE REVENUE DIVISIONAL OFFICER/COMPETENT AUTHORITY

JS,J W.P.No.1991/2018

AND LAND ACQUISITION OFFICER, KADAPA.

3. THE DISTRICT COLLECTOR, THE DISTRICT COLLECTOR, KADAPA DISTRICT, ANDHRA PRADESH.

4. THE TAHSILDHAR RAMAPURAM MANDAL, THE TAHSILDHAR, RAMAPURAM MANDAL, KADAPA DISTRICT.

...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toTo issue a order or a direction particularly in the nature of writ of Mandamus declaring the action of respondents in not considering the representation dated 20.11.2017 and it not shifting the parking of the heavy vehicles from the land comprised in Survey Nos.840/2, 839/2, 839/3 situated at Gopagudipalli, H/o Kasireddygaripalle Gram Panchayat, Ramapuram Mandal, Kadapa District and consequently direct the Respondent to shift the parking place for the vehicles to any some other lands away from the village and from near Nayinicheruvu and such other place and pass IA NO: 1 OF 2018 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 To direct the respondents not to proceed further excavation or construction works at the lands near to Nayinicheruvu and in the lands comprised in Survey Nos.840/2, 839/2, situated at Gopagudipalli, H/o Kasireddygaripalle Gram Panchayat, Ramapuram Mandal, Kadapa District, pending disposal of the writ petition and pass Counsel for the Petitioner(S):

1. M V S SARMA Counsel for the Respondent(S):

1. GP FOR REVENUE (AP)

2. GP FOR LAND ACQUISITION

3. S S VARMA (SC FOR NHAI)

JS,J W.P.No.1991/2018

The Court made the following ORDER:

The present Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: “…to issue a order or a direction particularly in the nature of writ of Mandamus declaring the action of respondents in not considering the representation dated 20.11.2017 and it not shifting the parking of the heavy vehicles from the land comprised in Survey Nos.840/2, 839/2, 839/3 situated at Gopagudipalli, H/o Kasireddygaripalle Gram Panchayat, Ramapuram Mandal, Kadapa District and consequently direct the Respondent to shift the parking place for the vehicles to any some other lands away from the village and from near Nayinicheruvu and such other place and pass…”

2. Though the matter was adjourned on 20.01.2026, 29.01.2026 and 06.02.2026, there was no representation for the petitioners. Therefore, the matter was posted today, under the caption ‘for dismissal’. Even today, when the matter is called there was no representation for the petitioners.

3. Learned Assistant Government Pleader submits that land acquisition proceedings were carried out in strict compliance with the mandatory provisions of the National Highways Act, 1956. The statutory notifications under Sections 3A, 3D and 3G were duly published in the official gazette and leading newspapers. Following this an enquiry was conducted on 24.06.2017, the award was duly approved on 21.09.2017 and the entire compensation amount was deposited on 27.09.2017. Furthermore, the physical possession of the land was legally handed over on 12.01.2018.

4. Consequently, the truck lay bye work commenced and is now in an advanced stage of completion, thereby vesting the respondent with an indefeasible right to execute the public project without further hindrance.

JS,J W.P.No.1991/2018

5. The petitioners did not raise any objection during the 3C stage when they had the opportunity to do so, a representation was made only on 20.11.2017, well after the conclusion of the acquisition proceedings and passing of the award. A reply was furnished on 28.11.2017 clearly stating that shifting of the location was not possible. Since the acquisition process is completed and compensation was paid, the cause in the writ petition does not survive for consideration and the writ petition is liable to be dismissed.

6. Recording the submission made by the Learned Assistant Government Pleader, the writ petition is dismissed. No order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

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JUSTICE SUMATHI JAGADAM Dated: 13.02.2026

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JS,J

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 1991/2018

Dated: 13.02.2026

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