M YELLA REDDY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS Court issued rule nisi on 4. 12. 2007 and granted interim stay for a limited period and the same was further extended for a further limited period on 27. 12. 2007.

(2.) COUNTER-AFFIDAVIT is filed by R. 3.

(3.) THE writ petition is filed for a writ of mandamus to declare the action of the 1st respondent in issuing the Gazette notification under Section 3a (1) of the national Highways Act, 1956 (for the purpose of convenience, in short, it would be referred to as 'the Act'), dated 29. 8. 2005 published in Eenadu Telugu Daily newspaper on 8. 9. 2005 is contrary to section 3-A (1) to (3) and consequential notification issued by the 3rd respondent in Rc. No. G1-826/04, dated 8. 1. 2006 published in Vaartha telugu Daily on 13. 1. 2006 under Section 3 (g)of the Act, insofar as the petitioners lands are concerned, is illegal, arbitrary, unjust and violation of Articles 14, 19 (1) (g), 21 and 300-A of the Constitution of India and contrary to the provisions of the Act, and consequently direct the respondents herein not to dispossess the petitioners from their respective lands in Sy. Nos. 52/2, 53, 54/2, 79, 80, 81 and 55/2 of Chinna Tekuru Village, kallur Mandal, Kurnool District, and pass such other suitable orders.