A writ petition challenging illegal and arbitrary land acquisition for a flyover/bridge project under Article 226 was heard. The court recorded counsel's submission that the suit no longer survives, deemed the petition infructuous, and dismissed it.
No order as to costs. Pending miscellaneous petitions stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10299 OF 2017
Between:
^
/
...Petitioners
AND
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 to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents in proposing to acquire the land for the purpose of construction of Flyover / Bridge by acquiring the land of the petitioners for the third time repeatedly in Sy.Nos.340/2B, 369, 375/2B and 376/2B of Pidimgoyya village of Rajahmundry Rural Mandal, East Godavari District as illegal, arbitrary and violative of Article 14 of the Constitution of India. /
05.^ ‘
I.A. NO: 4 OF 2017(WPMP. NO: 60954 OF 2017)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased.
I.A. NO: 1 OF 2017(WPMP. NO: 12762 OF 2017)
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 grant stay of all further proceedings relatingtoacquisitionofthe petitioners land in Sy.Nos.340 /2B, 369, 375/2B and376/2BofPidimgoyya Village of Rajahmundry Rural Mandal,East Godavari District pending disposal of the above writ petition.
Counsel for the Respondents: S S VARMA (SC FOR NHAI)
Counsel for Respondents: LAXMINARAYANA ALISHETTY
The Court made the following:
i
APHC010102672017
iv/'i;
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3329]
TUESDAY .THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10299/2017
Between:
Cherukuri Venkateswara Rao and Others
...PETITIONER{S)
AND
The Union Of India and Others
...RESPONDENT(S)
Counsel for the Petitioner(S);
1.D KRISHNA MURTHY
Counsel for the Respondent(S):
1.S S VARMA (SC FOR NHAI)
The Court made the following:
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10299 of 2017
ORDER;
Heard the learned counsel for the petitioners and thelearnedcounselfor the respondents.
When the matter is taken up for hearing, learned counsel for the petitioners submits that the cause in the present WritPetitiondoesnotsurvive and no further adjudication is necessary in the presentWritPetition.Therefore, the Writ Petition becomes infructuous.
Recording the said submission. Writ Petition is dismissedasinfructuous. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending shall stand
closed.
//TRUE COPY//
Sd/- J SAROJA ASSISTANT REGISTRAR SECTION OFFICER
To,
1 One CC to Sri. D Krishna Murthy Advocate [OPUC]
MAS
/ -4?
HIGH COURT
DATED:06/08/2024
ORDER
WP.No.10299 of 2017
^ 0 *1 FEB 2C?5 I
. Current Sectien
pat
DISMISSING THE WP AS INFRUCTUOUS THERE SHALL BE NO ORDER ASTO COSTS
1 issue framed by the court
Whether the writ petition challenging repeated land acquisition survives given prior submissions by the petitioner.
2 provisions across 2 enactments
Cherukuri Venkateswara Rao and Others
The Union of India
The National Highways Authority of India
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
