Telangana High Court
National Highway Authority Of India vs Sama Veera Reddy on 12 March, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.228 of 2025
JUDGMENT:
(Per the Hon'ble the Acting Chief Justice Sujoy Paul)
Sri P.Gangaiah Naidu, learned Senior Counsel appearing for
Sri Dhananjaya Naidu Kolla, learned counsel for the appellant;
Sri Krishna Kishore Kovvuri, learned counsel for the unofficial
respondents; and Sri E.Ramesh Chandra Goud, learned Government
Pleader for Land Acquisition, for the official respondents.
2. With the consent, finally heard.
3. The appellant - National Highway Authority of India, has filed this
intra Court appeal challenging the order passed by the learned Single
Judge dated 18.07.2024 in W.P.No.18617 of 2024 mainly on the ground
that the learned Single Judge without putting the appellant to notice
and without hearing it, passed the impugned order. The order was
based on a concession given by the learned Government Pleader that
the matter was covered by the previous order passed in W.P.No.34721
of 2023, dated 27.12.2023, whereas the said order is distinguishable. If
the appellant would have been given an opportunity to address the
Court, it could have apprised the Court about such
distinction/difference.
4. Learned counsel for the unofficial respondents (writ petitioners)
supported the impugned order.
5. The relevant portion of the impugned order passed by the learned
Single Judge reads thus:-
"3. Learned Counsel for the petitioners submits that in similar
circumstances this Court disposed of W.P.No.34721 of 2023 on
27.12.2O23 and requested to pass similar orders in this writ
Petition.
4. Learned Government Pleader for Land Acquisition for the
respondents fairly conceded that the W.P.No.34721 of 2023 is a
similar matter which is on the same lines with the grievance of the
petitioners in the present writ petition.
5. Having regard to the same, the Writ Petition is disposed of and
the respondent No.4 is directed to deposit the decretal amount in
terms of the order and decree dated 04.02.2023 passed in Appeal
No.G3/1362/2017, GR./l068/2013 and G3/1069/2013 on the
file of the Arbitrator-cum-District Collector, Jangaon District, to
the credit of E.P.No.8O of 2023 on the file of the Principal District
Judge, Jangaon, as expeditiously as possible, at any rate within a
period of four (4) months from the date of receipt of a copy of this
order. There shall be no order as to costs.
6. Miscellaneous applications pending, if any, in this writ petition
shall stand closed."
6. A plain reading of the order of the learned Single Judge shows
that it is basically founded upon the concession given by the learned
Government Pleader. The impugned order does not show that the
appellant entered appearance and gave any such concession.
7. Thus, in the fitness of things, we deem it proper to set aside the
order dated 18.07.2024 in W.P.No.18617 of 2024 and restore the said
writ petition to its original number.
8. The Registry shall list the aforesaid writ petition before the
appropriate Bench on 26.03.2025. The appellant shall enter
appearance on the said date for which separate notice will not be
required to be issued. The learned Single Judge is requested to decide
the matter afresh.
9. Accordingly, the writ appeal is disposed of without expressing any
opinion on the merits of the case. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________
SUJOY PAUL, ACJ
__________________________
RENUKA YARA, J
12.03.2025
sa/vs
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
(Per the Hon'ble the Acting Chief Justice Sujoy Paul)
12.03.2025
sa/vs
