APHC010012662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3207]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 835/2026 Between:

1. P ENUBADI RAMA CHANDRA RAO, S/O. P.RAMAIAH, AGED 48 YEARS, OCC EX-SERVICEMEN, R/O. R/D. 4-8-87, NETHAJI NAGAR, PAMUR, PRAKASAM DISTRICT.

...PETITIONER AND

1. U NION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET NEW DELHI-110001.

2. N ATIONAL HIGHWAYS AUTHORITY OF INDIA NHAI, REPRESENTED BY ITS SECRETARY, G-5 AND 6, SECTOR-10, DWARKA, NEW DELHI - 110075.

3. T HE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, DOOR NO. 41-29-45A, 3RD AND 4TH FLOOR, MORTH/NHAI BUILDING, RANIGARITHOTA, NEAR KANAKADURGA VARADHI, KRISHNALANKA, VIJAYAWADA - 520013.

4. T HE EXECUTIVE ENGINEER R AND B, NATIONAL HIGHWAY (N.H)

DIVISION, MORTH/NHAI BUILDING, NEAR KANAKADURGA VARADHI KRISHNALANKA, VIJAYAWADA - 520013.

5. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ROADS AND TRANSPORTS DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238.

...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.

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

3. 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 Occu