APHC010140272014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31694/2014 Between: Muddapu Kanaka Rao, S/o. Late Satyam, ...PETITIONER AND Government Of Andhra Pradesh Rep By Its Principal and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G VENKATA REDDY Counsel for the Respondent(S): 1. 2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following ORDER: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned orders vide Rc.No.5973/2009/11/Ann 11/23 dated 03.07.2014 issued by the 2nd respondent as illegal arbitrary void and one without any power/jurisdiction violation of principles of natural justice and consequently set aside the aforesaid impugned orders of the 2nd respondent such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case.” 2. On 21.10.2014, when the matter came up for admission, this Court, after hearing the submissions, passed the following interim order. “The validity of an order dated 03.07.2014 passed by the Vice-Chairman of the 2nd respondent is challenged in this writ petition. The learned Standing counsel has not been able to show any provision in the statute i.e., The A.P. Urban Areas (Development) Act, 1975 empowering the Vice-Chairman to pass the said order. Certain allegations of irregular exercise of powers by the Officials of HUDA in 2009 are made. In this view of the matter, Status quo in all respects shall be maintained by both sides in respect of the subject land. There shall be interim suspension of the impugned order, but however, it shall not preclude the 2nd respondent from initiating civil proceedings for cancellation of Registration of the subject plots before the jurisdictional civil Court. The petitioner shall not make any alienation or create any third party in respect of the land purchased by him.” 3. Heard Sri Mr. G. Venkata Reddy, learned counsel for the petitioner and Sri V. Surya Kiran Kumar, learned Standing Counsel appearing for the respondents. 4. Today, when the matter came up for hearing, learned Standing Counsel submitted written instructions, wherein it is stated that the respondents have already filed Civil Suit O.S.No.649 of 2016 on the file of the II Additional Senior Civil Judge, Visakhapatnam seeking cancellation of sale deed executed in favour of the petitioner herein to the extent Plot Nos.8 & 15 in Sy.No.34/1 & 35 part of Rushikonda Village, Visakhapatnam Rural, Visakhapatnam District and Plot No.18 in Sy.No.1P Carved 180 of Yendada Village of Visakhapatnam Rural, Visakhapatnam District only. 5. On perusal of the said instructions submitted by the learned standing Counsel, it is clear that even without cancellation of sale deed executed in favour of the petitioners, the respondents have cancelled the allotment which in fact should have been done after cancellation of the sale deed. However, in view of the fact that the respondents have already filed civil Suit O.S.No.649 of 2016 seeking cancellation of sale deed executed in favour of the petitioner, this Court is of the opinion that the impugned proceedings issued by respondent No.2 cancelling the allotment is liable to be set aside. 6. Accordingly, the writ petition is allowed setting aside the impugned proceedings R.C.No.5973/2009/1-1/ANN-11/23, dated 03.07.2014. However, cancellation of allotment shall be subject to the result of the O.S.No.649 of 2016 on the file of the II Additional Senior Civil Judge, Visakhapatnam. The concerned Civil Court is directed to decide the civil suit pending before it on its own merits without being influenced by the order passed this Court in the present writ petition. No costs. The miscellaneous petitions pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 24.01.2025 ANS 295 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31694/2014 Date: 24.01.2025 ANS