APHC010308072025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15666 OF Between: C. Divakar Reddy and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. PAWAN KUMAR MALAPATI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV 3. Karri kalyan Durga Prasad SC FOR TUDA The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15666 OF 2025 Divakar Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): PAWAN KUMAR MALAPATI Counsel for the Respondent(S): GP FOR REVENUE GP MUNCIPAL ADMN AND URBAN DEV AP Karri kalyan Durga Prasad SC FOR TUDA The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] WEDNESDAY,THE SECOND DAY OF JULY THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER(S) ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15666 OF 2025 ORDER: The present Writ Petition is filed seeking the following relief: “ to declare the action of the declaring the action of respondents in not repaying Rs.20,24,350/- (Rupees Twenty Lakhs Twenty Four thousands Three hundred and fifty only) to petitioners collected while granting layout permission vide LP No.13/2022/1166/TUDA/DPMS, dated 23.11.2022 in File No.1166/0006/LP/TUDA/2022/Mortgage, in pursuance of G.O.Ms.No.145, MA&UD Department dated 06.12.2021 inspite of the fact that the 1st respondent has withdrawn the G.O.Ms.No.145, MA & UD Department dated 06.12.2021 by way of issuing G.O.Ms.No.13, MA & UD Department, dated 25.01.2023 as illegal, arbitrary and violative of principles of natural justice and contrary to law and consequently direct the respondents to repay Rs.20,24,350/- (Rupees Twenty Lakhs Twenty Four thousands Three hundred and fifty only) to the petitioners collected while granting layout permission vide L.P.No.13/2022/1166/TUDA/DPMS, dated 23.11.2022 in File No. 1166/0006/LP/TUDA/2022/Mortgage, in view of G.O.Ms.No.13, MA & UD, Department, dated 25.01.2023 and pass such other orders” 2. The case of the Petitioners is that the Petitioners submitted an application to the Respondent No.3 for approval of Final Layout Plan vide FLP No.13/2022/1166/TUDA/ DPMS for land admeasuring Ac. 8.6251 cents in Sy.No. 221/11,12, 13, 247/7, 8, 9, 10, 11, 12, 14, 15A, 15B, 248/1B1, 2, 3, 4A, 5, 6, 9B, 10B, 10C, 10D, 10F, 10G, 10H, 10E, 10I, 13, 14,A, 14B, 14C, 14D, 15A, 15C, 16A, 16A2, 16A1, 16B,16C, 249/5, 11B, 13 of Isuka Tageli Village, Yerpedu Mandal, Tirupati District. 3. Respondent Authorities on examination of the proposal instructed the Petitioners to handover 5% area within layout area or 5% area within 3 KM range from the original layout or payment of 5% basic value of the layout area. The Petitioners paid an amount of Rs. 20,24,350/- towards the 5% basic value of layout area. 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 or equivalent amount Government was “withdrawn”; the present Writ Petition was filed for refund of amount deposited. 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 refund the amount paid by the Petitioners. 6. Learned Government Pleader and the learned Standing Counsel for the Respondents did not refute the contention of the Petitioners. 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 allow 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 refund the amount of Rs. 20,24,350/- paid by the Petitioners, within a period of (12) twelve weeks from the date of receipt of a copy of this Order; and ii) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J. Date 02.07.2025 KK