1^. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010253232025 WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12644 OF 2025 Between: 1. Nandigam Vimala, W/o. N.Satyanarayana, Aged about 66 years, R/o. D.N0.2-2A-1/1, Nidadavole Town and Mandal, East Godavari District. 2. Nandigam Veera Venkata Srinivasa Rao,, S/o. N.Satyanarayana, about R/o. D.N0.2-2A-1/1, Nidadavole Town and Mandal 50 years. East Godavari District. 3. Boddu Suseela, W/o. B.Srinivas Peddapuram Village and Mandal, Kakinada District. Aged about 47 years, R/o. 4. Gunupudi Sarveswara Rao, S/o. G.Gurumoorthy, Aged about 60 R/o. D.No. 10-11-5/2 years, Nidadavole Town and Mandal, East Godavari District. 5. Manepalli Durga Naga Venkata Kumar, S/o. M. Narasimaha Rao, Aged about 37 years, R/o. 3rd Ward, Santhinagar, Nidadavole Town Mandal, East Godavari District. and 6. Gunupudi Benarji, S/o. G.Sarveswara Rao, Aged about 35 years, R/o. D.No. 10-11-5/2, Nidadavole Town and Mandal, East Godavari District. 7. Manepalli Anusha, W/o. Durga Naga Venkata Kumar, Aged about 37 years, R/o. 3'^'^ Ward, Santhinagar, Nidadavole Town and Mandal, East Godavari District. ...PETITIONERS AND f w 1. The State of Andhra Pradesh, Rep. By its Principal Secretary Municipal Administration and Secretariat Building, Velagapudi, Guntur District, AP. 2. The Commissioner and Director of Municipal Administration, State of Office at Prime Hill Crest, 4^^ Floor, Near DGP Office, Besides Ultratech Readymix Plant, Vaddeswaram Village Mangalagiri, Guntur, A.P-522502. 3. The District Collector, East Godavari District, Rajamahendravaram. 4. The Rajamahendravaram Urban Development Authority, rep by its. Vice-Chairman, Rajamahendravaram, East Godavari District. 5. The Sub Registrar, Nidadavole, East Godavari District. Urban Development Department A.P., ...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 an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents in releasing the Spercent of the land of the Petitioners in layout area from prohibition by cancelling the Gift Deed executed by the Petitioners vide document No.6957 of 2022, dated 05.09.2022 in favour of the 3rd Respondent under the scheme YSR Jagananna Housing Projects Poor by virtue of G.O.Ms.No.145, dated 06.12.2021 issued by the 1st Respondent by implementing the G.O.Ms.No.13, dated 25.01.2023 issued by the 1 Respondent as illegal, arbitrary and discriminative and for the contrary to the Articles direct the Petitioners vide the 3''^ for the spirit of the G.O.Ms.No.13, dated 25.01.2023 and also violation of the 14, 21and 300-A of the Constitution of India and Consequently Respondents to cancel the Gift Deed executed by the Document No.6957 of 2022, dated 05.09.2022 in favour of Respondent under the scheme YSR Jagananna Housing Projects Poor. lA NO: 1 OF 2()?Fi 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 not to alienate the 3'^^ Parties in the layout property by creating rights to the per the Gift Deed executed by the Petitioners vide Document No.6957 of 2022, dated 05.09.2022 in favour of the Respondent under the scheme “YSR Jagananna Housing Projects for the Counsel for the Petitioners: SRI GAJJALA as Poor”. MALLIKARJUNA REDDY Counsel for the Respondent Nos.1 to 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.5: GP FOR STAMPS & The Court made the following: ORDER REGISTRATION APHC010253232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12644/2025 Between: ...PETITIONER{S) Nandigam Vimala and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S): 1.GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following; I . 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12644/2025 ORDER: The present Writ Petition is filed seeking the following relief: “ to declare the inaction of the Respondents in releasing the 5% of the land of the Petitioners in layout area from prohibition by cancelling the Gift Deed executed by the Petitioners vide document No 6957 of 2022 dated 05 09 2022 in favour of the 3rd Respondent under the scheme ‘YSR Jagananna Housing Projects for the Poor’ by virtue of GO Ms. No 145 dated 06-12-2021 issued by the 1 Respondent by implementing the GO Ms No.13 dated 25-01-2023 issued by the 1 discriminative and contrary to the spirit of the GO Ms No, 13 and Consequently direct the Respondents to cancel the Gift Deed executed by the Petitioners in favour of the 3rd Respondent under the scheme YSR Jagananna Housing Projects for the Poor”. St Respondent as illegal, arbitrary and St 2. The case of the Petitioners is that the Petitioners submitted an application to the Respondent No.4 for forming a layout in an extent of Ac.10.2142 cents in Sy.Nos. 822/1, 822/2, 822/1D1, 822/1D2, 823/2A1, 823/2B, 823/4A, 823/4B, 823/5A, 823/5B, 830/4A, 841/1 and 841/2 of Vidya Nagar, Nidadavole Municipality, East Godavari District. w 3 3. Respondent No.4, on examination of the proposal, directed the Petitioners to provide 5% additional land for YSR Jagananna Housing Projects as required under the Andhra Pradesh Land Development (Layout and Sub Division), Rules, 2017 as mandated vide G.O.Ms.No.145, dated 06.12.2021. Accordingly, the Petitioners executed the Gift Deed vide Document No.6957 of 2022, dated 05.09.2022 in favour of YSR Jaganna Housing Projects. 4. Subsequently, an amendment was brought in to Andhra Pradesh Land Development (Layout and Sub Division) Rules, 2017 and the G.O.Ms.No.145, dated 06.12.2021 was “withdrawn” vide G.O.Ms.No.13 dated 25.01.2023. As the requirement of 5% of land developed for Government was “withdrawn”; the present Writ Petition was filed for reconveyance of land. 5. Learned counsel for the Petitioners while placing reliance on the Judgments of this Court in W.P.Nos.8312 of 2023, dated 04.04.2023 and W.P.No.8982 of 2024 and batch, dated 12.12.2024 contended that this Court in similar scenario directed the Respondent Authorities to re-conveying the Gift Deeds executed by the individuals. \ ' - 4 6. Learned Government Pleader did not refute the contention of the Petitioner. He further submitted that no appeals had been filed on the above mentioned Writ Petitions. 7. Having heard the respective counsel, this Court is inclined to dispose of the present Writ Petition in terms of the judgments referred above. 8. Accordingly, the Writ Petition is allowed with following directions; i) The Respondent Authorities shall cancel the Gift Deed vide Document No.6957 of 2022, dated 05.09.2022 executed by the Petitioners within a period of twelve weeks from the date of receipt of a copy of this Order; ii) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SEC To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of A.P., Secretariat Building, Velagapudi, Guntur District, AP. 2. The Commissioner and Director of Municipal Administration, State of A.P., Office at Prime Hill Crest, 4th Floor, Near DGP Office, Besides Ultratech Readymix Plant, Vaddeswaram Village Mangalagiri, Guntur, A.P-522502. 3. The District Collector, East Godavari District, Rajamahendravaram. t L 4. The Vice-Chairman, Rajamahendravaram Urban Development Authority, Rajamahendravaram, East Godavari District. 5. The Sub Registrar, Nidadavole, East Godavari District, 6. One CC to Sri Gajjala Mallikarjuna Reddy, Advocate [OPUC] 7. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies ssb HIGH COURT DATED:25/06/2025 ORDER WP No.12644 of 2025 0 5 JUL 2025 ^ sfiyrrentSec^ €! 09 <3\ ALLOWING THE W.P. WITHOUT COSTS