$13208$ ]

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE TWENTY NINETH DAY OF JUNE, TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2029 OF 2022

Between:

• 1. K.Nirmala, W/o Benzemen, Aged about 60 years, Agriculturist, R/o H.No.25-292, Sanieeva Nagar, Nandyal, Kurnool District.
• 2. E.Alluraiah, S/o Pedda Alluraiah, Aged about 49 years, Agriculturist, R/o H.No.30-672-A10-C, Bommalasatram, Nandyal, Kurnool District.

...Petitioners

AND

• 1. The Union of India, rep. by its Member Secretary, Ministry of Roads, Transport and Highways, New Delhi.
• 2. The National Highway Authority of India, Rep. by its Project Director, D.No.36/208/140/5, Ganga Vihaar, Reddy Colony, Chinna Chowk, Kadapa. Y.S.R. Kadapa District.
• 3. The District Collector and Arbitrator, Kurnool, Kurnool District.
• 4. The Competent Authority and Joint Collector, Collector Complex, Kurnool, Kurnool District.
• 5. The Regional Officer, N.H.A.I., A.P. Region, Plot No.21, Teachers Colony, Gurunanak Road, Vijayawada, Krishna District.

...Respondents

WHEREAS the Petitioners above named through their Advocate M/s BALLA RAVINDRANATH presented this 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 directing the 2^nd respondent herein to deposit the required amount of compensation to the writ petitioners as per award No.2/2019 dt.4.1.2019 passed by the 3^rd respondent herein by declaring that the inaction on the part of the 2^nd respondent that is illegal, arbitrary and in gross violation of Section-3H (6) read with Rule-2 of the rules of the National Highways (Manner of Depositing the amount by Competent Authority for Acquisition of land) Rules, 1998 and by further declaring that the impugned inaction amounts to gross violation of rights guaranteed under Article 21 and 300-A of the Constitution of India.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of M/s Balla Ravindranath, Advocate for the Petitioners and Sri N.Harinath, Assistant Solicitor General for the Respondent No1 and Sri S.S.Varma, Standing Counsel for the Respondent Nos.2 & 5 and GP for Revenue for the Respondent Nos.3 & 4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Member Secretary, Union of India, Ministry of Roads, Transport and Highways, New Delhi.
• 2. The Project Director, National Highway Authority of India, D.No.36/208/140/5, Ganga Vihaar, Reddy Colony, Chinna Chowk, Kadapa. Y.S.R. Kadapa District.
• 3. The District Collector and Arbitrator, Kurnool, Kurnool District.
• 4. The Competent Authority and Joint Collector, Collector Complex, Kurnool, Kurnool District.
• 5. The Regional Officer, N.H.A.I., A.P. Region, Plot No.21, Teachers Colony, Gurunanak Road, Vijayawada, Krishna District.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

The Court made the following: ORDER:

"Notice before admission.

Post after four (04) weeks."

IITRUE COPYII

ASSISTANT REGISTRAR

Sd/- SK. MD. RAFI

SECTION OFFICER

To,

• 1. The Member Secretary, Union of India, Ministry of Roads, Transport and Highways, New Delhi.
• 2. The Project Director, National Highway Authority of India, D.No.36/208/140/5, Ganga Vihaar, Reddy Colony, Chinna Chowk, Kadapa. Y.S.R. Kadapa District.
• 3. The District Collector and Arbitrator, Kurnool, Kurnool District.
• 4. The Competent Authority and Joint Collector, Collector Complex, Kurnool, Kurnool District.
• 5. The Regional Officer, N.H.A.I., A.P. Region, Plot No.21, Teachers Colony, Gurunanak Road, Vijayawada, Krishna District. (Addressee Nos.1 to 5 by RPADalong with a copy of petition and affdiavit)
• 6. One CC to Sri. Balla Ravindranath, Advocate [OPUC]
• 7. One CC to Sri. Harinath.N, Assistant Solicitor General [OPUC]
• 8. One CC to Sri S.S.Varma, Standing Counsel [OPUC]
• 9. Two CCs to GP for Revenue, High Court of AP [OUT]
• 10. One spare copy

MM

DATED:29/06/2022

NOTE: POST AFTER (04) FOUR WEEKS

NOTICE BEFORE ADMISSION

WP.No.2029 of 2022