APHC010154322013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29574/2013 Between: M/s.rakshana Steels Limited, ...PETITIONER AND The Andhra Pradesh Industrial and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P RAVIKANTH Counsel for the Respondent(S): 1. B NALIN KUMAR 2. RAMA CHANDRA RAO GURRAM 3. GP FOR INDUSTRIES COMMERCE The Court made the following: ORDER 1. This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus declaring the action of Respondent Nos.1 & 2 to allot the land to an extent of Ac.498-93 cents in R.S.No.93 of Jayanthipuram Village, Jaggaiahpet Mandal, Krishna District, in favour of the petitioner company by declaring the action of Respondent Nos.1 & 2 in contemplating or proposing to allot the said land to the 4th respondent and the action of returning the EMD amount of Rs.50 lakhs deposited by the petitioner company as illegal, arbitrary and without jurisdiction. 2. Learned counsel for the petitioner submits that the petitioner company is incorporated under the Companies Act, 1956, intended to establish a green field integrated steel plant in the State of Andhra Pradesh. Initially, for the purpose of establishment of integrated steel plant, the petitioner identified land in Sy.No.407 of Rajolu Village, Korvi Mandal, Warangal District. Later the petitioner dropped the said proposal on the ground that the subject land is not suitable. However, again after detailed study, Vide letter dated 20.04.2010, the petitioner requested APIIC to allot land of an extent of Ac.600 in Sy.No.93 of Jayanthipuram Village, Jaggayyapeta Mandal, Krishna District and deposited an amount of Rs.50-00 lakhs towards EMD in favour of APIIC for such allotment. He further submits that, even though the amount was deposited in favour of APIIC, but so far, the land was not allotted to the petitioner, as requested, on the other hand the respondents are trying to allot the subject land to the third parties. Hence the writ petition. 3. Whereas, learned Standing Counsel for APIIC submits that the subject land is a layout and divided into industrial plots vested with them and the petitioner sought for allotment of Ac.600 in Sy.No.93 of Jayanthipuram Village, Jaggayyapeta Mandal, Krishna District and such an extent is not possible for allotment for establishment of integrated steel plant. Accordingly, the request of the petitioner was rejected and an amount of Rs.48,73,100/- was refunded to the petitioner on 21.05.2013 towards EMD after deducting the expenditure incurred by Zonal Office, Vijayawada. He further submits that, pursuant to the petitioner’s request, the respondents neither allotted the land nor issued any proceedings confirming the allotment. Therefore, neither vested rights were created nor accrued any rights in favour of the petitioner and requested to dismiss the writ petition. 4. In view of the submissions made by learned counsel for the petitioner and learned Standing Counsel for the respondents, and on perusal of the material placed on record it appears that, since no allotment was made by the respondents in favour of the petitioner by way of any express proceedings, the petitioner cannot be presumed there is allotment as requested. As such, the petitioner neither accrued any interest nor any legal right is conferred upon him in respect of the subject land, as requested by the petitioner. Therefore, in the absence of any enforceable right or statutory obligation on part of the respondents, a writ of mandamus cannot be issued as prayed for. hence, the writ petition is not maintainable and there are no merits in this writ petition and liable to be dismissed. 5. In the result, writ petition is dismissed. No costs. 6. However, the petitioner is at liberty to renew his request by making fresh application as per the policy of the present dispensation. 7. Consequently, miscellaneous applications pending if any, shall stand closed. __________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 04.02.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29574/2013 04.02.2025 W SP