Padavala Pavani Vs the State of Ap

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238

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THE DISTRICT COLLECTOR, (PANCHAYAT WING) KRISHNA DISTRICT, MACHILIPATNAM

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THE ENGINEERINCHIEF R AND B, NH AND CRF, VIJAYAWADA, N.T.R DISTRICT.

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SUPERINTENDING ENGINEER, (R AND B) CIRCLE VIJAYAWADA, N.T.R DISTRICT.- 520001

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THE EXECUTIVE ENGINEER, (R AND B) NH DIVISION, VIJAYAWADA, N.T.R DISTRICT. 520001

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THE DEPUTY EXECUTIVE ENGINEER, (R AND B) NH SUBDIVISION-11, VIJAYAWADA, N.T.R DISTRICT.-520001

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ASSISTANT EXECUTIVE ENGINEER, (R AND B) NH SECTION-LL, VIJAYAWADA, N.T.R DISTRICT. 520001

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8. THE TAHSILDAR, BAPULAPADU MANDAL, KRISHNA DISTRICT. 521105

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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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the Respondents, more particularly Respondent No.5, in not any taking further steps to remove the encroachments in front of the Petitioner's house bearing H.No. 3-120, situated at Perikeedu Village, Bapulapadu Mandal, Krishna District, thereby blocking the ingress and egress of the adjoining public road, even after issuing eviction notices dated 29.11.2025 under Section 26(2) of the Control of National Highways (Land and Traffic) Act, 2002 pursuant to the Petitioner's representation as illegal, irregular, irrational, non-discharge of legal obligation conferred on them under the provisions of the said Act and rules framed there under and offends Articles 14, 19 and 21 of Constitution of India and consequentially direct the Respondent No.5 to take further necessary steps for removal of the encroachments on the public road margin of NH 216H in front of the Petitioner's house bearing H.No. 3-120, situated at Perikeedu Village, Bapulapadu Mandal, Krishna District and to ensure the road margin free of encroachments and 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 to grant interim direction, directing the Respondent No.5 to conclude the proceedings forthwith, pursuant to the issuance of eviction notices dated 29.11.2025 under Section 26(2) of the Control of National Highways (Land & Traffic) Act, 2002 by removing unauthorized constructions in front of the Petitioner’s house bearing H.No. 3-120, situated at Perikeedu Village, Bapulapadu Mandal, Krishna District, pending disposal of the main Writ Petition and pass

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Counsel for the Petitioner:

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1.PASALAPUDI SATYA HARITHA

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Counsel for the Respondent(S):

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1.GP FOR ROADS BUILDINGS

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 8738 of 2026

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ORDER:

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The present writ petition is filed under Article 226 of the Constitution of

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India seeking following relief:

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“to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the Respondents, more particularly Respondent No.5, in not any taking further steps to remove the encroachments in front of the Petitioner's house bearing H.No. 3-120, situated at Perikeedu Village, Bapulapadu Mandal, Krishna District, thereby blocking the ingress and egress of the adjoining public road, even after issuing eviction notices dated 29.11.2025 under Section 26(2) of the Control of National Highways (Land and Traffic) Act, 2002 pursuant to the Petitioner's representation as illegal, irregular, irrational, non-discharge of legal obligation conferred on them under the provisions of the said Act and rules framed there under and offends Articles 14, 19 and 21 of Constitution of India and consequentially direct the Respondent No.5 to take further necessary steps for removal of the encroachments on the public road margin of NH 216H in front of the Petitioner's house bearing H.No. 3-120, situated at Perikeedu Village, Bapulapadu Mandal, Krishna District and to ensure the road margin free of encroachments and pass….”

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Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

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The case of the petitioner is that petitioner is the absolute owner, possessor and enjoyer of a residential house bearing H.No.3-120, to an extent of 646 Sq. Yards in R.S.No.511-7 situated in Perikeedu Village (Erstwhile Kanumolu Village) of Bapulapadu Mandal, Krishna District, and the property of the petitioner is adjacent to the National Highway NH-216H headed from Hanuman Junction to Gudivada. While the things stood thus, some vendors

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encroached the road margin of that National Highway and closed the approach road of the petitioner to the national highway along with ingress and egress of the petitioner. Aggrieved by the same, the petitioner submitted a representation through PGRS Grievance No.KRI20250818318 on 18.08.2025

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to the respondent authorities. Even after submission of an application of grievance by the petitioner, the respondents neither removed the encroachments as requested, nor replied to the representation of the petitioner. Hence, this Writ Petition.

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On the other hand, learned Government Pleader furnished letter dated 01.04.2026 from Deputy Executive Engineer, NH Sub-Division II, Vijayawada, wherein it is stated that the respondents considered the representation of the petitioner, acted upon and issued proceedings through concerned authorities for measurements and re-marking and after completion, initiated steps as under:

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Survey and Verification: Upon receiving the Petitioner's initial representation (PGRS No. KRI20250818318), the Assistant Executive Engineer (R&B), NH Section-II, Vijayawada, requested the Tahasildar, Bapulapadu, to depute a surveyor to finalize the road boundary and confirm the extent of the Right of Way (ROW).

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Official Identification: Based on the survey, the Tahsildar, Bapulapadu, officially identified the unauthorized occupations vide Letter No. RCb/435/2025 dated 25.11.2025 in the reference 2nd cited.

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Issuance of Statutory Notices: On 29.11.2025, the Executive Engineer (R&B), NH Division, Vijayawada, acting as the Highway Administration, issued formal Schedule-III notices under Section 26(2) of the Control of National Highways (Land and Traffic) Act, 2002 vide reference 3rd cited to encroachers

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Learned Assistant Government Pleader for respondents further submits

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that the respondents are taking steps for removal of encroachments by following due procedure as contemplated under the provisions of law.

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Considering the submissions made by both the learned counsel and on perusal of the material on record, this Court is of the considered view that the present Writ Petition can be disposed of without going into the merits of the case.

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Accordingly, this Writ Petition is disposed of, directing the 4th respondent herein to take appropriate action for the removal of encroachments, in accordance with the procedure set out in the letter dated 01.04.2026 submitted before this Court by the Deputy Executive Engineer (R&B), NH Sub-Division II, Vijayawada, and in accordance with law, as expeditiously as possible. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions and Interlocutory Applications, if any, pending in the writ petition shall stand closed.

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________________________________ VENKATESWARLU NIMMAGADDA, J

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Date: 02.04.2026 M K K

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168

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.8738 of 2026