Dismissed¶49

Boya Akkulappa v. Union of India

Andhra Pradesh HC3 Apr 2025WP/3676/2025

Case brief

AI extract

What is this about?

Withdrawal order; Art. 226 writ by Boya Akkulappa (aged 75) v. Union of India (MoRTH), National Highways Authority and Joint Collector, Sri Satya Sai District; grievance: property shown as 'Title Not Confirmed' in Award No. 92/2023 dated 09.06.2023 (Rc.No LA/NH/547/2022); prayer to include petitioner's name in compensation; IA No. 1 of 2025 u/S. 151 CPC re applications dated 16.10.2023 and 23.09.2024; court slip dated 03.04.2025; dismissed as withdrawn with liberty to file fresh writ petition; no costs; misc. petitions closed; Venkateswarlu Nimmagadda, J.; 04.04.2025; no merits adjudicated; no precedents discussed.

What did the court decide?

Liberty to the petitioner to file a fresh writ petition; dismissal as withdrawn without costs; pending miscellaneous petitions closed. ¶49

Boya Akkulappa Vs Union of India — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh writ petition; dismissal as withdrawn without costs; pending miscellaneous petitions closed.

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Issue for consideration

Whether the action of the respondents in showing the petitioner's property as 'Title Not Confirmed' in Award No. 92/2023 dated 09.06.2023 was illegal, arbitrary and in violation of the principles of natural justice, entitling the petitioner to inclusion of his name in the compensation under the said award (raised in the petition but not adjudicated, as the petition was withdrawn).

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Ratio / Principle

Permission sought by learned counsel for the petitioner through the court slip dated 03.04.2025 to withdraw the writ petition, with liberty, is accorded.

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Key takeaways

The writ petition is dismissed as withdrawn, giving liberty to the petitioner to file a fresh writ petition, with no costs.ratio¶49
As a sequel, miscellaneous petitions, if any, pending shall stand closed.ratio¶50

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Venkateswarlu Nimmagadda, J.), W.P. No. 3676 of 2025, decided 04.04.2025: The petitioner, Boya Akkulappa, had moved the Court under Article 226 of the Constitution of India challenging the action of the Union of India (Ministry of Roads and Transport), the National Highways Authority and the Joint Collector, Sri Satya Sai District, in showing his property as 'Title Not Confirmed' in Award No. 92/2023 dated 09.06.2023 (Rc.No LA/NH/547/2022), alleging illegality, arbitrariness and violation of the principles of natural justice, and seeking inclusion of his name in the compensation under the award; I.A. No. 1 of 2025 under Section 151 CPC sought disposal of his applications dated 16.10.2023 and 23.09.2024. Before any adjudication on merits, learned counsel for the petitioner submitted a court slip on 03.04.2025 seeking leave to withdraw the writ petition with liberty. The Court accorded permission, dismissed the writ petition as withdrawn with liberty to file a fresh writ petition, imposed no costs, and closed pending miscellaneous petitions as a sequel. No question of law or fact was decided on merits.

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[3329 ]

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3676 OF 2025

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Between:

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Boya Akkulappa, S/o Boya Nagappa, Aged about 75 Years^R/o. 10th Ward, Batthalapalli, Pedaballi Village Ananthapuram^{District-515231}

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...PETITIONER

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AND

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Union of India, Rep by its Secretary Ministry of Roads and Transport New Delhi. i

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National Highways Authority, Rep by its Executive Engineer, Anantapuram.

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Joint Collector, Sri Satya Sai District Puttaparthi, Sri Satya Sai District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated- in the affidavit filed therewith, the High Court may be pleased to issue writ or direction preferably Writ of Mandamus by declaring the action of the Respondents in showing petitioner property as Title Not Confirmed in award No 92/2023 dated 09.06.2023,

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Respondent as illegal, vide Rc.No LA/NH/547/2022 issued by the 3 principles of Natural Justice and arbitrary and in violation to the Respondent to include the petitioner name in consequently direct the 3 the compensation as mentioned in above mentioned award and to pay award No 92/2023 dated 09.06.2023, issued by the 3^^^ Respondent.

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lA Nb: 1 OF 2025

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support^{ofthepetition,theHigh} direct the 3^*^ Respondent to consider and dispose Court may be pleased to of my application dated 16.10.2023 and 23.09.2024.

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Counsel for the Petitioner(s):SRI T V P SAI VIHARI

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Counsel for the Respondents: SRI A RAVINDRA BABU (CENTRAL^GOVT COUNSEL)

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Counsel for the Respondents: SRI PASALA PONNA RAO,^DEPUTY SOLICITOR GENERAL OF INDIA

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Counsel for the Respondents: SRI S.S. VARMA, STANDING^COUNSEL

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following:

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APHC010070792025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3676/2025

Between:

Boya Akkulappa

...PETITIONER

AND

Union Of India and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.TVPSAI VIHARI

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Counsel for the Respondent{S): 1.A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following:

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the HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO- 3676 of

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ORDER:

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Learned counsel for the petitioner submitted a court slip on 03.04.2025 seeking permission of this Court to withdraw the Writ Petition and also requested to grant liberty.

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