Disposed¶36

Nemakallu Triveni Naidu v. Union of India

Andhra Pradesh HC17 Dec 2025WP/35257/2025

Case brief

AI extract

What is this about?

APHC W.P. 35257/2025, Sumathi Jagadam J, decided 18.12.2025; NHAI preliminary notice removal of unauthorized occupation 27.11.2025; Pakashala Hotel Anantapur Ac.0.76 cents Survey No.35/1 Prasannayapalle Raptadu; petitioner reply 05.12.2025; NHAI written instructions 15.12.2025 survey; Article 226 mandamus; Section 151 CPC interim relief; no coercive steps/demolition/dispossession; due process natural justice; disposed, no costs.

What did the court decide?

Writ petition disposed of: respondents directed to consider the petitioner's explanation dated 05.12.2025 in accordance with law; until then, respondents shall not take any coercive steps against the petitioner; no order as to costs; miscellaneous applications pending, if any, stand closed. ¶36

Nemakallu Triveni Naidu Vs Union of India — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondents 2 and 3 in demarcating the petitioner's premises (Pakashala Hotel, admeasuring Ac.0.76 cents, Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District) and attempting to demolish the same and dispossess the petitioner, without considering her reply dated 05.12.2025, without conducting any survey and without following due process of law, is arbitrary, illegal and violative of principles of natural justice. +1 more

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Court's answer

The respondents are directed to consider the explanation submitted by the petitioner on 05.12.2025, in accordance with law.

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Ratio / Principle

Until the petitioner's explanation dated 05.12.2025 is considered in accordance with law, the respondents shall not take any coercive steps against the petitioner.

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Key takeaways

As a sequel, miscellaneous applications pending, if any, shall stand closed.ratio¶37

Detailed headnote1 paragraphs

Writ petition (Article 226) by the owner of Pakashala Hotel (Ac.0.76 cents, Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District) challenging a Preliminary Notice for Removal of Unauthorized Occupation dated 27.11.2025 issued by the Project Director, NHAI PIU-Anantapur, and threatened demarcation, demolition and dispossession without considering her reply dated 05.12.2025, without survey and without due process. Learned Standing Counsel for respondents placed written instructions dated 15.12.2025 stating that the survey date would be communicated and appropriate action taken in accordance with law after survey. The writ petition was disposed of by directing the respondents to consider the petitioner's explanation dated 05.12.2025 in accordance with law, with an interim direction that no coercive steps be taken against the petitioner until then; no order as to costs; miscellaneous applications closed.

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[3459]

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APHC010679182025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

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WRIT PETITION NO: 35257/2025

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Between:

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NEMAKALLU TRIVENI NAIDU, W/O N. NARAYANA SWAMY, (OWNER OF PAKASHALA HOTEL,) AGED ABOUT 48 YEARS OCC BUSINESS R/O H.NO.6-3-182, RAMNAGAR, ANANTHAPURAMU TOWN AND DISTRICT, A.P - 515004

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...PETITIONER

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AND

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UNION OF INDIA, PRINCIPAL SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA, NEW DELHI

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THE REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, VIJAYAWADA REGION, VIJAYAWADA, A.P

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THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) PIU-ANANTAPUR, D.NO.6-4-239, 3RD CROSS, MARUTHI NAGAR, ANANTAPUR- 515 004

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THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ANANTAPUR DISTRICT, ANANTHAPURAMU

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THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KURNOOL DISTRICT, KURNOOL (IMPLEADED FOR THE REASON THAT COPY OF THE IMPUGNED NOTICE WAS WRONGLY SENT TO HIM)

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THE TAHSILDAR, RAPTHADU MANDAL, ANANTAPUR DISTRICT

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JS,J W.P.No.35257/2025

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THE PANCHAYAT SECRETARY, PRASANNAYANAPALLE VILLAGE, (RAPTHADU GRAM PANCHAYAT), RAPTHADU MANDAL ANANTHAPUR DISTRICT, A.P

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...RESPONDENT(S):

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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 topleased to pass an order or orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of respondents 2 to 3 herein in demarcating the petitioners premises i.e. Pakashala Hotel admeasuring Ac.0.76 cents, situated in Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District, A.P i.e.Subject Property and in trying to demolish the same by dispossessing the Petitioner herein from the subject property, without considering the Petitioners reply dt.05.12.2025 to the Preliminary Notice for Removal of Unauthorized Occupation dt.27.11.2025 issued by the 3rd Respondent, without conducting any survey, without following the due process of law, as arbitrary, illegal and violation of principles of Natural Justice and consequently set-aside the Preliminary Notice for Removal of Unauthorized Occupation dt.27.11.2025 issued by the 3rd Respondent directing the 3rd Respondent herein to follow the due process of law and pass

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IA NO: 1 OF 2025

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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 Respondent No.3 herein not to take any coercive steps including that of demolition/dispossession of structure i.e. Pakashala Hotel, situated in subject property admeasuring an extent of Ac.0.76 cents. Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District, A.P, and pass

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Counsel for the Petitioner:

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1.CKR ASSOCIATES

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.THANDAVA YOGESH

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JS,J W.P.No.35257/2025

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The Court made the following ORDER:

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The petitioner asserts that the respondents, without considering the explanation provided, are now attempting to dispossess her of the Ac.0.76 cents, situated in Survey No.35/1, Prasannayapalle Village, Raptadu Mandal, Anantapur District, by issuing notice dated 27.11.2025.

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On the other hand, learned Standing Counsel appearing for respondents, has placed on the written instructions dated 15.12.2025, wherein Para No.6 of the instructions shows that the date of survey will be communicated to the petitioner and after conducting the survey, appropriate action will be taken in accordance with law.

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The writ petition is disposed of by directing the respondents to consider the explanation submitted by the petitioner on 05.12.2025, in accordance with law. Until then, the respondents shall not take any coercive steps against the petitioner. There shall be no order as to costs.

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

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__________________________________ JUSTICE SUMATHI JAGADAM

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Dated: 18.12.2025 RSD

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JS,J W.P.No.35257/2025

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM