APHC010308112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16202/2025 Between: 1. C DIVAKAR REDDY, S/O C.MUTHYAL REDDY AGED ABOUT 43 YEARS S/O AT D.N0.5-18A, PERUMALAPALLI VILLAGE PUDIPATIA, TIRUPATI RURAL MANDAL TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF ANDHRA PRADESH, OFFICE AT PRIME HELL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT 3. TIRUPATI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE- CHAIRMAN TIRUPATI, TIRUPATI DISTRICT. 4. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI ...RESPONDENT(S): 2 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 topleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action respondents in not re-conveying the land admeasuring (1) Ac.0-41 cents or 1984.4 Sq.yds situated in Survey No. 143/18A (2) 1214.26 Sq.yds (Plot Nos.1,2,3part,3part,7) in SY.No.141/4A,4B, of Athuru village, Renigunta mandal, Renigunta Sub-district, Tirupati District, by cancelling the Gift Deed dated 13.01.2023 bearing document No. 163 of 2023 registered at Sub- Registrar Office, Renigunta, obtained in pursuance of G.O.Ms.No. 145, MA and UD Department dated 06.12.2021, inspite of the fact that the 1st respondent has withdrawn the G.O.Ms.No. 145, MA and UD Department dated 06.12.2021 by way of issuing G.O.Ms.No.13, MA and UD Department dated 25.01.2023, as illegal, arbitrary and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 re-convey the land admeasuring (1) Ac.0-41 cents or 1984.4 Sq.yds situated in Survey No. 143/18A (2) 1214.26 Sq.yds (Plot Nos.1,2,3part,3part,7) in SY.No.141/4A,4B, of Athuru village, Renigunta mandal, Renigunta Sub-district, Tirupati District, by cancelling the Gift Deed dated 13.01.2023 bearing document No. 163 of 2023 registered at Sub-Registrar Office, Renigunta, in view of G.O.Ms.No. 13, MA and UD Department dated 25.01.2023, and to pass IA NO: 1 OF 2025 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 not to create any third party interest or put to use the land admeasuring (1) Ac.0-41 cents or 1984.4 Sq.yds situated in Survey No. 143/18A (2) 1214.26 Sq.yds (Plot Nos.1,2,3part,3part,7) in SY.No.141/4A,4B, of Athuru village, Renigunta mandal, Renigunta Sub-district, Tirupati District, morefully described in the Gift Deed dated 13.01.2023 bearing document No. 163 of 2023 registered at Sub-Registrar Office, Renigunta, for any purpose, pending disposal of the Writ Petition and to pass IA NO: 2 OF 2025 3 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 representation of petitioner dated 19-04-2025 for re-conveyance of the land admeasuring (1) Ac.0-41 cents or 1984.4 Sq.yds situated in Survey No. 143/18A (2) 1214.26 Sq.yds (Plot Nos.1.2,3part,3part,7) in SY.No.141/4A,4B. of Athuru village, Renigunta mandal, Renigunta Sub-district, Tirupati District, by cancelling the Gift Deed dated 13.01.2023 bearing document No. 163 of 2023 registered at Sub- Registrar Office, Renigunta, in view of G.O.Ms.No.13, MA and UD Department dated 25.01.2023, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. PAWAN KUMAR MALAPATI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. SC FOR TUDA The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16202/2025 ORDER: The present Writ Petition is filed seeking the following relief: “ to declare the action respondents in not re-conveying the land admeasuring (1) Ac.0-41 cents or 1984.4 Sq. yds situated in Survey No 143/18A, (2) 1214.26 Sq. yds (Plot Nos. 1, 2, 3 part, 3part 7) in SY No 141/4A,4B of Athuru village, Renigunta Mandal, Renigunta Sub-district, Tirupati District, by cancelling the Gift Deed dated 13-01-2023 bearing document No.163 of 2023 registered at Sub Registrar Office, Renigunta obtained in pursuance of GO Ms No. 145, MA & UD Department, dated 06-12-2021 inspite of the fact that the 1st respondent has withdrawn the GOMs No.145 dated 06-12-2021 by way of issuing GO Ms No.13 dated 25-01-2023 as illegal, arbitrary and violative of principles of natural justice and contrary to law and consequently direct the respondents to re-convey the said land”. 2. The case of the Petitioner is that the Petitioner submitted an application to the Respondent No.3 for approval of final layout in an extent of Ac.12.8836 cents in Sy.Nos. 823/3B1, 825/2A, 2B1B, 4C, 826/1,2, 828/2B,3,4, 940/2, 938, 944/1, 947/1,2,3,4A, 4B1, 4B2, 5, 948/1,2, 949/1,2, 950, 956/1,2A, 2B,3,4,5,6,7A, 7B,8,10,11, 957/1 to 12,14, 15, 958/6, 1232/5, 1233/1,2,3,4 of Gajulamandyam Village, Renigunta Mandal, Tirupathi. 5 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 executed a Gift Deed dated 13.01.2023 vide Document No.163 of 2023 for an extent of (1) Ac.0.41 cents or 1984.4 Sq.Yds situated in Sy.No.143/18A and (2) 1214.26 Sq.Yds ( Plot Nos.1,2,3part, 3 part, 7) in Sy.No.141/4A, 4B of Athuru Village, Renigunta Mandal, Renigunta Sub District, Tirupathi District. 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 Petitioner while placing reliance on the Judgments of this Court in W.P.Nos.8312 of 2023, dated 04.04.2023 and 6 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-convey the lands covered under the Gift Deeds executed by the individuals. 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 dated 13.01.2023 vide Document bearing No.163 of 2023 executed by the Petitioner within a period of twelve weeks from the date of receipt of a copy of this Order; and ii) There shall be no order as to costs. 7 As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ NYAPATHY VIJAY, J. Date: 03-07-2025 eha 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.16202 of 2025 Dt.03-07-2025 U eha