IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NOS: 8827 OF 2019 & 32118 OF 2016 WRIT PETITION NO: 8827 OF 2019 Between: Pusuluri Puma Chandra Rao, S/o P.Rama Lingam, Hindu aged about 70 years R/o D.No1-71, Sakhamuru Village, Thulium Mandal, Guntur Dist ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Municipal Administration and Urban Development, A.P Secretariat, Velagapudi. 2. The Commissioner, A.P, Capital Region Development Authority (CRDA), Lenin Center, Governorpeta, Vijayawada, Krishna District State of A.P. 3. The Competent Authority, A.P.C.R.D.A, Land Pooling Scheme, Unit-19, Sakhamuru Thullru Mandal, Guntur District, State of A.P 4. Smt. Vemavarapu Varalakshmi, W/o of V.Srinivasa Rao aged about 45 years R/o of D.No4-6-154, 3rd lane, Hanumayya Nagar, Koritipadu, Guntur ...RESPONDENTS 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 of Mandamus, declaring the inaction of the respondents 2 and 3 to proceed and complete the process under the AP-CRDA Act and the land pooling scheme under Chapter-IX of the said Act after execution of the agreement -cum- GPA in form No 9.14 between the petitioner and competent authority CRDA Sakhamuru Village (3rd Respondent) and not ‘ allotting plots to the petitioner and not registering them in his favour in respect of land of Ac 2-32 72 Cepts in S.No 84 of Sakhamuru Village of Tulluru Mandal, Guntur Dist as arbitrary, illegal, unconscionable and violative of principles of natural justice and violative of Article 300 A Constitution of India and contrary to the spirit and objects of AP CRDA Act 2014 (Act 11 of 2014) and AP Capital City land pooling scheme(formulation and implementation) Rules 2015 made there under and consequently direct the respondents 2 and 3 to complete the process under AP-CRDA Act and AP Capital City land pooling scheme(formulation and implementation) Rules. of lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 to consider the Dt.24-04-2019 made by the petitioner and take appropriate steps by allotting plots and registering them in favour of the petitioner in respect of Ac 2-32 72 Cents in S.No: 84 of Sakhamuru Village of Tulluru Mandal Dist in accordance with APCRDA Act and the rules framed pooling scheme pending disposal of the above writ petition. Counsel for the Petitioner: SRI M CHALAPATI RAO Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 & 3: SMT. S PRANATHI APCRDA Counsel for the Respondent No.4: SRI MAHADEVA KANTHRIGALA representation , Guntur under the land ,SC FOR f^7 WRIT PETITION NO: 32118 OF 2016 Between: Vemavarapu Vara Lakshmi, W/o V, Srinivasa rao, Aged: 41 years, Occ; House Wife, Resident of 3rd lane, Hanumaiah Nagar, near Starnbalagaruvu. Guntur own and District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue (Land Acquisition), AP Secretariat, Hyderabad. 2. The Andhra Pradesh Capital Region Development, Authority. Sakamuru village, Tulluru Mandal, Guntur District, Andhra Pradesh. 3. Pusuluri Puma Chandra Rao, S/o. P. Ramalingam Aged; Major, R/o Sakhamuru Village, Thallur Mandal, Guntur District. ...RESPONDENTS 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 Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, to direct the respondent No. 2 not to allot and pay any monetary benefits in respect of property to an extent of Ac.2.32 Ya cents of dry land in Sy.No. 84, situated at Sakamuru Village and Grampanchayat, Thulluru Mandal. Guntur District, Andhra Pradesh, covered by OS No 219 of 2016 on the file of Additional District Judge Guntur, to the 3d Respondent herein. I.A. NO: 1 OF 2016rWPMP. NO: 39712 OF 20161 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2 not to allot and pay any monetary m Mandal, Guntur District, Andhra Pradesh, covered by 0.5 No 219 of 2016 on the file of 1st Additional District Judge, Guntur to the 3rd Respondent, pending disposal of the main writ petition. Counsel for the Petitioner: SRI AKKAM ESHWAR Counsel for the Respondent No.3: SRI M CHALAPATHI RAO Counsel for the Respondent No.1; GP FOR REVENUE Counsel for the Respondent No.2: SMT. S PRANATHI, SC FOR APCRDA The Court made the following: COMMON ORDER 1 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WIRT PETITION NOS.8827 OF 2019 AND 32118 OF 2016 COMMON ORDER: The issue in both the writ petitions is regarding the issuance of plots in CRDA region. W.P.No.8827 of 2019 is taken as main case. The facts leading to filing of W.P.No.8827 of 2019 are as follows; The petitioner had purchased Ac.2.32 V2 cents out of Ac.10.08 cents of dry land situated in S.No.84 of Sakhamuru Village, Tulluru Mandal, Guntur District from Vemavarapu Nagendramma, wife of Koteswara Rao and her son Srinivasa Rao under a registered sale deed dated 24.01.1994. Ever since, the petitioner has been in possession of the said property and his name was incorporated in all the revenue records. 2. While so, Sakhamuru Village was included in the Andhra Pradesh Capital Region Development Area and the same was notified in the Gazette published under Section 3 of Andhra Pradesh Capital Region Development Authority Act, 2014. Pursuant to the inclusion of said Sakhamuru Village in A.P. Capital Region Development Area, the petitioner has submitted a representation expressing his consent and offering his land to the State Government under the land pooling scheme specified under Chapter-IX of the Act. Pursuant to the consent given by the petitioner, the competent authority, verification of documents submitted by the petitioner and being satisfied with the ownership rights of the petitioner, got executed a Development Agreement-cum-Irrevocable Power of Attorney in the statutory format prescribed under the A.P. Land Pooling Rules and took possession of the said property for development. A sum of Rs.99,750/- towards annuity was also paid to the petitioner for the above land and the same was continued till such. 3. on 2 1 While so, the respondent No.4 filed O.S.No.219 of 2016 before the I Additional District Judge, Guntur seeking specific performance of agreement of sale said to have been executed by the petitioner on 05.01.2012. In the said suit, though there was an order of status quo initially, later it was dismissed for non-prosecution on 23.03.2022. 4. 5. In view of pendency of the suit and claim made by Respondent No.4 and the Respondent Nos.2 and 3 did not proceed further and allot plot to the petitioner as a consequence of the land that was taken possession from the petitioner. In that context, W.P.No.8827 of 2019 was filed. W.P.No.32118 of 2016 was filed by Respondent No.4 on the strength of the Agreement of Sale, seeking a direction to Respondent No.2 i.e. The Commissioner, A.P. Capital Region Development Authority, not to allot any monetary benefits to the petitioner, as a suit in O.S.No.219 of 2016 was filed on the file of I Additional District Judge, Guntur. 6. Heard Sri M.Chalapathi Rao, learned counsel for the petitioner and Sri respondent and 7. th Mahadeva Kanthrigala, learned counsel for the 4 Smt.S.Pranathi, learned Standing Counsel for respondents 2 and 3 in W.P.No.8827 of 2019. Having heard the respective counsel, this Court is of the considered opinion that the claim made by Respondent No.4 on the ground that the petitioner had executed an Agreement of sale on 05.01.2012 cannot sustain as the suit for specific performance was dismissed on 23.03.2022 for non prosecution and the same had attained finality, hindrance for the competent authority under A.P. Capital Region Development Authority to allot plot as prescribed under the A.P. Land Pooling Rules/ Therefore, in view of the same, the respondent authorities are directed to allot plot to the petitioner as per the A.P. Capital Region 8. Therefore, there is no Scheme. 3 i Development Area Act and under the Land Pooling Scheme formulated thereunder within a period of four (04) months from the date of receipt of a copy of this order. Accordingly, W.P.No.8827 of 2019 is disposed of and W.P.No.32118 of 2016 is dismissed. There shall be no order as to costs. 9. miscellaneous petitions pending, if any, shall stand As a sequel thereto closed. SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Municipal Administration and Urban Development, A.P Secretariat, Velagapudi. The Commissioner, A.P, Capital Region Development Authority (CRDA), Lenin Center, Gov’ernorpeta, Vijayawada, Krishna District, State Of A.P. The Competent Authority, A.P.C.R.D.A, Land Pooling Scheme, Unit-19, Sakhamuru Thdllru Manual, Guntur District, State of A.P 1. 2. 3. 4. One CC to Sri M Chalapati Rao, Advocate [OPUC] 5. One CC to Sri Mahadeva Kanthrigala, Advocate [OPUC] 6. One CC to Smt. S Pranathi, SC for APCRDA, Advocate [OPUC] 7. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri Akkam Eshwar Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. tOUT] 10. Three CD Copies 9. TF HIGH COURT DATED:28/03/2025 COMMON ORDER WP.Nos.8827 of 2019 & 32118 of 2016 EP S 2S APR 2025 a^ . Current Section . DISPOSING OF THE W.P.NO. 8827 OF 2019, WITHOUT COSTS AND DISMISSING THE W.PNO. 32118 OF 2016, WITHOUT COSTS