IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19639 of 2008 Between: 1 P.Sayanna S/o.Sayanna 2 J.Rajeswar S/o.Posetti 3 A.Chinna Hanmanlu S/o.Sayanna 4 Gopu Raju S/o.Nadipi Mallaiah 5 Narla Hanmanlu S/o.Pedda Gangaram 6 Sunkari Bhoomanna S/o.Muthanna 7 T.Rajeswar S/o.Narasimhulu 8 Golla Bhojamma W/o.Yerranna ..... Petitioners AND 1 The Ministry of Shipping and Road Transport, Highways, Rep. by its Deputy Secretary, Sastry Bhavan, New Delhi-1. 2 The National Highway Authority of India, rep. by its Project Director, Project Implementation, Unit, 1-3-124/B, Sastry Nagar, Nirmal, Adilabad District. 3 The District Collector, Nizamabad, Nizamabad District. 4 The Revenue Divisional Officer, Nizamabad, Nizamabad District. 5 The Hindustan Construction Company Limited, rep. by its Project Manager, Kisan Nagar, Balkonda Village & Mandal, Nizamabad District. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in interfering with the petitioners rights over the lands in small extents ranging from an extent of Ac.0.13 cents to Ac.1.00 cents etc., in Sy.No. 380, 387, 407, 1253, 1322, 194, 224, 348 and 349 of Kissan Nagar, Balkonda and Vempalli villages respectively of Balkonda Mandal, Nizamabad District, belongs to the petitioners, for formation of Four Lines Highway without disposing of the objections submitted by the petitioners and the other affected ryots on 22.07.2008 and 29.07.2008 as arbitrary, illegal, contrary to the procedure envisaged under the provisions of the National Highways Act, 1956 and violative of the fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioners rights over the lands in small extents ranging from an extent of Ac.0.13 cents to Ac.1.00 cents etc., in Sy.No. 380, 387, 407, 1253, 1322, 194, 224, 348 and 349 of Kissan Nagar, Balkonda and Vempalli villages respectively of Balkonda Mandal, Nizamabad District, belongs to the petitioners; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI V.R.REDDY KOVVURI, Advocate for the Petitioners, Govt. Pleader for Revenue for the respondents 3 and 4 and of Sri S.S.Varma, S.C.for NHAI for the respondents 1 and 2, the Court made the following: ORDER: Post on 22-09-2008 in the motion list, ‘ for admission.’ Sri S.S.Varma, learned Standing Counsel for respondent No.2. and learned Government Pleader shall obtain instructions as to the stage of proceedings under the National Highways Act. -2- In the meanwhile, the 5th respondent is directed not to undertake any work on the lands of the petitioners. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Deputy Secretary, Ministry of Shipping and Road Transport, Highways, Sastry Bhavan, New Delhi-1. 2. The Project Director, National Highway Authority of India, Project Implementation, Unit, 1-3-124/B, Sastry Nagar, Nirmal, Adilabad District. 3. The District Collector, Nizamabad, Nizamabad District. 4. The Revenue Divisional Officer, Nizamabad, Nizamabad District. 5. The Project Manager, Hindustan Construction Company Limited, Kisan Nagar, Balkonda Village & Mandal, Nizamabad District. ( 1 to 5 by RPAD) 6. 2 CCs to the G.P. for Revenue, High court of A.P.Hyd.(O.UT) 7. One C.C.to Sri V.R.Reddy Kovvuri, Advocate. (OPUC) 8. one spare copy. HIGH COURT LNR.J DATED 11-09-2008 POST ON 22-09-2008 IN THE MOTION LIST, FOR ADMISSION W.P.NO. 19639 OF 2008 DIRECTION Bsr Dt. 15-9-2008 HIGH COURT LNR.J DATED 11-09-2008 POST ON 22-09-2008 IN THE MOTION LIST, FOR ADMISSION W.P.NO. 19639 OF 2008 DIRECTION