i APHC010225162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N / WRIT PETITION NO: 11989 OF 2024 Between: P. Lakshmi Prasad, S/o. P. Srinivasulu Naidu, Aged about 53 year, Occ: Residing at D.No. 19-9-1 M.Kakatiya Nagar, Tirupati, Tirupati Business, District. ...Petitioner r AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep by its Special Chief Secretary Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4*^ Floor, Near DGP Office, Mangalagiri, Guntur District. 4. Tirupati Urban Development Authority TUDA, Rep by its Vice Chairman and Managing Director, Tirupati, Tirupati District. 5. The Tirupati Municipal Corporation, Rep by its Commissioner, Tirupati, Tirupati 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 4 . % pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring a) The Memo. No. 2331918/12/2023 dt. 22.03.2024 as illegal, arbitrary without following due process of law. b) In action of the Respondents in not passing appropriate orders basing on the Petitioner Representation dt. 22.04.2024 seeking to allow the petitioner to Utilise/Transfer the TDR bonds issued in favour of Petitioner vide TDR No. 1012/00403/TDR/PG/2023 dt. 01.10.2023 is illegal, arbitrary, unjust, and violation of Article 350 of the Constitution of India and in violation of Principles of Natural Justice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to consider the petitioner representation dt. 22-04-2024 in accordance with law duly permitting the personal hearing of the petitioner pass appropriate orders for the Utilise/Transfer the TDR bonds issued in favour of Petitioner vide TDR No.1012/00403/TDR/PG/202 3 dt. 01-10-2023. Counsel for the Petitioner: SRI O. UDAYA KUMAR / Counsel for the Respondent Nos.1 to 3 : GP FOR MUNICIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondent No.4 : SRI KARRI KALYAN DURGA PRASAD SC FOR TUDA Counsel for the Respondent No.5 : SRI POTHAM VENGALA REDDY, SC FOR MUNICIPALITY / The Court made the following order: •« % APHC010225162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3457] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11989/2024 Between: 1.P. LAKSHMI PRASAD,, S/0 P. SRINIVASULU NAIDU, AGED ABOUT 53 YEAR, OCC. BUSINESS. RESIDING AT D.NO. 19-9-1/4,KAKATIYA NAGAR, TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEVELOPMENT. AMARAVATHI. MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS.VELAGAPUDI, 2.THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS.VELAGAPUDI, AMARAVATHI. 3.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT. 4.TIRUPATI URBAN DEVELOPMENT AUTHORITY TUDA, REP BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, TIRUPATI DISTRICT. TIRUPATI 5.THE TIRUPATI MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, TIRUPATI, TIRUPATI DISTRICT. 2 m ...RESPONDENT(S): 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 toplease to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring a) The Memo. No. 2331918/12/2023 dt. 22.03.2024 as illegal, arbitrary without following due process of law. b) In action of the Respondents in not passing appropriate orders basing on the Petitioner Representation dt. 22.04.2024 seeking to allow the petitioner to Utilise/Transfer the TDR bonds issued in favour of Petitioner vide TDR No. 1012/00403/TDR/PG/2023 dt. 01.10.2023 is illegal, arbitrary, unjust, and violation of Article 350 of the Constitution of India and in violation of Principles of Natural Justice and to pass lA NO: 1 OF 2024 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 pleased to direct the Respondents to consider the petitioner representation dt. 22-04-2024 in accordance with law duly permitting the personal hearing of the petitioner pass appropriate orders for the Utilise/Transfer the TDR bonds issued in favour of Petitioner vide TDR No.1012/00403/TDR/PG/202 3 dt. 01- 10-2023 and to pass Counsel for the Petitioner: 1.0 UDAYA KUMAR Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP FOR MUNCIPAL ADMN URBAN DEV 3. Karri kalyan Durga Prasad SC FOR TUDA 3 % The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the Memo dated 22.03.2024 issued by the 2^^ respondent, whereby the TDR bonds issued in Tirupati Municipal Corporation were under scrutiny, and that all the unutilized TDR bonds were directed to be kept in abeyance until further orders. Learned counsel for the petitioner submits that the petitioner was issued TDR bond on 01.10.2023, after the petitioner having transferred an extent of 2,417.78 Sq.yards. The Government market value of the said 2. property is about Rs.6,76,97,840/-, and the same was transferred by way of a registered gift deed dated 01.05.2023. it is submitted that the i UR bond issued to the petitioner is unconnected with the bonds which are issued in Tirupati Municipal Corporation which have warranted an enquiry or investigation. In this regard, the petitioner also submitted a representation dated 22.04.2024, seeking indulgence of respondent Nos.2 to 5 for permitting the petitioner to utilize/transfer/encash the TDR bond. The said representation is still under consideration. Learned Government Pleader appearing for the State submits that the issue of grant of TDR bonds is under the vigilance enquiry, as certain undeserving bonds have been issued and in that regard a committee is 3. constituted for looking into the grant of TDR bonds and the veracity of their genuineness and requests time. 4 4. Heard the learned counsel for the petitioner and the learned Government Pleader for Municipal Administration and Urban Development, appearing for the State. 5. Considering the submissions of the learned counsel for the petitioner and the learned Government Pleader, the issue of the petitioner can be dealt independently, duly considering the gift deed executed by the petitioner and the eligibility for grant of TDR bond and subsequent grant of TDR bond. The representation of the petitioner shall be considered independently without reference to the enquiry/committee. It is made clear that, at any rate, the entire exercise shall be completed within six (6) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No costs. 7. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// 7^ ^ 'section officer To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Special Chief Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Buildings, Velagapudi, Amaravathi. 3. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4 Floor, Near DGP Office, Mangalagiri, Guntur District. 4. The Vice Chairman and Managing Director, Tirupati Urban Development Authority TUDA, Tirupati, Tirupati District. 5. The Commissioner, Tirupati Municipal Corporation, Tirupati, Tirupati District. 6. One CC to Sri O. Udaya Kumar, Advocate [OPUC] 7. One CC to Sri Potham Vengala Reddy, SC for Municipality [OPUC] 8. Two CCs to GP for Municipal Admn & Urban Development, High Court of/ Andhra Pradesh [OUT] 9. One CC to Sri Karri Kalyan Durga Prasad, SC for TUDA [OPUC] 10. Two CD Copies Cnr A HIGH COURT Cnr \ DATED:23/07/2025 C.C. BY 25.07.202S % ORDER WP NO. 11989 OF 2024 f 25JUL2IB5 to. 5. CunenlSeomn^ DISPOSING OF THE W.P. WITHOUT COSTS