Telagamsetti Reddamma Vs the Union of India

TELAGAMSETTI REDDAMMA, S/O. LATE SUBBA RAO, AGED 49 YEARS, R/O. DOOR NO. 1-52, OPP BENDAPUDI ARCH, BENDAPUDI VILLAGE, THONDANGI MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE UNION OF INDIA, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS (MORTH), REPRESENTED BY SECRETARY, NEW DELHI.

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THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE FOR NH-16, PLOT NO 21, TEACHERS COLONY, GURUNANAK NAGAR ROAD, VIJAYAWADA, ANDHRA PRADESH, 520008.

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THE DISTRICT COLLECTOR, KAKINADA DISTRICT, ANDHRA PRADESH.

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THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM, KAKINADA DISTRICT, ANDHRA PRADESH.

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THE TAHSILDAR, THONDANGI MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH.

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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 issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus

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SRK, J W.P.No.5649 of 2026

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declaring the action of the respondents in marking the commercial building in an extent of 231.29 square yards in Door No. 2-418/1 of Bendapudi Gram Panchayat, Thondangi Mandal, Kakinada District of the petitioner for demolition of the same to extend the National Highway without acquiring the same or issuing any notices as illegal, arbitrary and also oppose to all cannons of justice as well as oppose to Article 300-A of the Constitution of India consequentially direct the respondents not to interfere with the property of the petitioner i.e., the commercial building in an extent of 231.29 square yards in Door No. 2-418/1 of Bendapudi Gram Panchayat, Thondangi Mandal, Kakinada District and to pass

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IA NO: 1 OF 2026

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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 2nd Respondent i.e., the Superintendent of Police, Anakapalli to transfer the investigation in FIR No. 231/2023 to a different police station or to the CBCID and complete the same within a timebound manner in the interest of justice pending disposal of the above writ petition and to pass Counsel for the Petitioner:

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1.V SAI KUMAR

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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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SRK, J W.P.No.5649 of 2026

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The Court made the following ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

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“….to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in marking the commercial building in an extent of 231.29 square years in D.No.2-418/1 of Bendapudi Gram Panchayat, Thondangi Mandal, Kakinada District of the petitioner for demolition of the same to extend the National Highway without acquiring the same or issuing any notices as illegal and arbitrary, and subsequently direct the respondents not to interfere with the subject property of the petitioner”.

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Heard Sri V.Sai Kumar, learned counsel for petitioner and Sri M.Madalasa, learned counsel for respondent No.1 and Sri Thandava Yogesh, learned counsel for respondent No.2.

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Case of petitioner is that he is the lawful owner and possessor of the property viz. commercial building in an extent of 231.29 square yards in Door No.2-418/1 of Bendapudi Gram Panchayat, Thondangi Mandal, Kakinada District; that the said building is utilized for commercial purpose and he is residing in the first floor of the building and he also obtained all necessary permissions from the authority concerned to run the provisions shop in the name and style Sri Lakshmi Ganapathi Kirana and

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SRK, J W.P.No.5649 of 2026

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General Store. Grievance of the petitioner is that all of a sudden, the respondent authorities came to the building of the petitioner and marked with paint stating that National Highway-16 is going to be expanded, for which they en-marked his construction/building for demolition of the same for expansion of the road and the action of the respondents is contrary to law and violative of principles of natural justice.

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Learned counsel for respondent No.2 submits that the respondents will follow due process of law, if the property of petitioner is required for public purpose.

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Considering the facts and circumstances of the case since the petitioner claims that he is in possession of the subject property/building and apprehends that the respondents are trying to demolish the same high handedly without following due process of law, this Court deems it appropriate to direct the respondent authorities to follow the due process of law if the building of the petitioner is required for road expansion.

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Accordingly, the Writ Petition is disposed of, with a direction

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to the respondent authorities not to take any coercive steps in respect of the subject property of petitioner, without following the due process of law. There shall be no order as to costs.

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SRK, J W.P.No.5649 of 2026

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