...RESPONDENT(S):

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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents in trying to demolish the petitioners property situated in Sy.No.349-1 of Pamuru Village and Mandal, Prakasam District, under the pretext of Preliminary Notice (Speaking Order) issued by the 4th respondent on 30.12.2025 (served on petitioner on 03.01.2026) without hearing the petitioner, without following the due process of law as illegal, arbitrary, unconstitutional, violative Principles of Natural Justice, Article 14, 19, 21, 300-A of the Constitution of India, Consequently set-aside the notice dated 30.12.2025 (served on petitioner on 03.01.2026) issued by the 4th respondent and direct the respondents herein not to demolish the petitioner's property situated in Sy.No.349-1 of Pamuru Village and Mandal, Prakasam District, and to pass

IA NO: 1 OF 2026

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 respondents herein not to demolish the petitioner's property situated in Sy.No.349-1 of Pamuru Village and Mandal, Prakasam District, by suspending the Preliminary Notice (Speaking Order) issued by the 4th respondent on 30.12.2025 (served on petitioner on 03.01.2026), pending disposal of the above writ petition and to pass

Counsel for the Petitioner:

1. S V INDIRA

Counsel for the Respondent(S):

1. GP FOR ROADS BUILDINGS

2. AKHIL KRISHNAN CENTRAL GOVT COUNSEL

3. S S VARMA AND CO.

The Court made the following:

THE HON’BLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION NO.835 of 2026

ORDER:

This Writ Petition is filed against the action of the respondents in trying to demolish the petitioner’s property situated in Survey No.349-1 of Pamuru Village and Mandal, Prakasam District, without following due process of law under the pretext of Preliminary Notice (Speaking Order) issued by the respondent No.4 on 30.12.2025 and seeking for consequential direction to set aside the same and to direct the respondents not to demolish the petitioner’s property in the interest of justice.

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

Learned Government Pleader appearing for respondent No.4 has placed written instructions before this Court, dated 08.01.2026. Basing on the instructions, he would submit that the petitioner was found constructing “Indian Weigh Bridge” at Km 116/950 on Left Side of NH167B by encroaching 25 Sq.m into NH167B road boundaries and therefore Preliminary Notice for Removal of Unauthorised Occupation was served on 03.01.2026 duly giving an opportunity to submit his representation within three (03) days from the date of receipt of the notice under Section 26 of Control of National Highways (Land and Traffic) Act, 2002. He further submits that accordingly the petitioner has attended the office of the respondent No.4 on 06.01.2026 and submitted his representation with request to conduct joint survey in his presence. Considering the same, respondent No.4 has addressed a letter to the Tahsildar, Pamuru Mandal on 07.01.2026 for demarcating road boundaries once again and also in the presence of the petitioner.

Learned Government Pleader further submits that the petitioner’s structure is not disturbed in any manner till date, pending survey under the presence of the petitioner. On completion of resurvey in the presence of the petitioner, encroachment will be removed following due process of law.

On careful perusal of the written instructions of respondent No.4, dated 08.01.2026, placed before this Court by the learned Government Pleader, it is clear that respondent No.4 addressed a letter to Tahsildar, Pamuru Mandal for demarcation of road boundaries and they are taking steps to conduct