APHC010307972025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16696 OF Between: M/s Ruby Infra Ap Pvt Ltd The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. PAWAN KUMAR MALAPATI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. Karri kalyan Durga Prasad SC FOR TUDA The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16696 OF 2025 M/s Ruby Infra Ap Pvt Ltd AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: PAWAN KUMAR MALAPATI Counsel for the Respondent(S): GP MUNCIPAL ADMN AND URBAN DEV AP Prasad SC FOR TUDA The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16696 OF 2025 ORDER: The present Writ Petition is filed seeking the following relief: “ to declare the action of the respondents in not reconveying the land admeasuring Ac.0.61 cents or 2952.4 Sq yds situated in Survey No.92/1 of Pennagaddam village Account, Penumalam Survey group, Yerpedu Mandal, Thottambedu Sub-District, Tirupati District by cancelling the Gift Deed dated 01.11.2022 bearing document No.3788 of 2022 registered at Sub-Registrar Office, Thottambedu obtained in pursuance of G.O.Ms.No.145, MA & UD Department dated 06.12.2021 inspite of the fact that the 1st respondent has withdrawn the G.O.Ms.No.145, MA & UD Department, dated 06.12.2021 by way of issuing G.O.Ms.No.13 MA & UD Department, dated 25.01.2023, as illegal, arbitrary and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 reconvey the land admeasuring Ac.0.61 cents or 2952.4 Sq yds situated in Survey No.92/1 of Pennagaddam village Account, Penumalam Survey group, Yerpedu Mandal, Thottambedu Sub-district, Tirupati District by cancelling the Gift Deed dated 01.11.2022 bearing document No.3788 of 2022 registered at Sub-Registrar Office, Thottambedu, 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 Petitioner is that the Petitioner submitted an application to the Respondent No.3 for approval of Final Layout Plan vide FLP No.22/2022/1166/TUDA/ DPMS for land admeasuring Ac. 12.2038 cents in Sy.Nos.361/11, 12, 13, 14, 15, 16, 17, 18, 362/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11A, 11B, 12,13, 363/1A, 1B, 3, 4, 5A, 5B, 6B, 7,8, 9, 10, 11, 12, 13A, 13B1, 13B2, 13B3, 14, 15, 16A, 16B of Kothapalem Village and Sy.No.122/2A, 122/2B (Adusupalem) of Kothapalem Village, Renigunta Mandal, Tirupati District. 3. Respondent Authorities on examination of the proposal instructed the Petitioner 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 as required under the amendment to Andhra Pradesh Land Development (Layout and Sub-Division) Rules, 2017 brought in vide G.O.Ms.No.145, dated 06.12.2021. Accordingly, the Petitioner/ Company executed a Gift Deed dated 01.11.2022 vide document No. 3788 of 2022 in favour of the District Collector, Tirupati District by gifting Ac.0.61 cents or 2952.4 sq.yds situated in Sy.No.92/1 of Pennagaddam Village Accounts. 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 reconveyance of land. 5. Learned counsel for the Petitioner 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 reconvey the lands covered under the Gift Deed executed by the Petitioner/ Company. 6. Learned Government Pleader and learned Standing Counsel for the Respondents 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 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 cancel the Gift Deed dated 01.11.2022 vide Document No. 3788 of 2022 executed by the Petitioner, 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 08.07.2025 KK