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High Court of Andhra Pradesh · body

2025 DAILYLAW 24244 (AP)

M/s.S.K.S.Associates, v. State of Andhra Pradesh

WP/17428/2023 · 2025-09-21

Harinath N

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010342392023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17428/2023 Between: 1. M/S.S.K.S.ASSOCIATES,, REPRESENTED BY ITS MANAGING PARTNER S.K.SUBRAMANYAM S/O.S.KRISHNAMURTHY, AGE 51 YEARS, HAVING OFFICE AT DOOR NO.569, BALAJI COLONY, TIRUPATI - 517 501. 1. STATE OF ANDHRA PRADESH, REPRESENTED BY SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, OFFICE AT 4TH FLOOR, PRIME HILL CREST, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE TIRUPATI URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, OFFICE AT DR.YSR BHAVAN, MUNICIPAL OFFICE ROAD, TIRUPAT 501. 4. THE DISTRICT COLLECTOR, TIRUPATI O/O. THE DISTRICT COLLECTORATE, TIRUCHANOOR, TIRUPATI. 5. THE SUBREGISTRAR, RENIGUNTA SUB REGISTRATION DISTRICT, RENIGUNTA, TIRUPATI DISTRICT. 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 order, writ or direction more particularly one in the nature of writ of Mandamus declaring not issuing proceedings for cancellation of the Registered Gift Deed 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17428/2023 M/S.S.K.S.ASSOCIATES,, REPRESENTED BY ITS MANAGING PARTNER S.K.SUBRAMANYAM S/O.S.KRISHNAMURTHY, AGE 51 YEARS, HAVING OFFICE AT DOOR NO.569, BALAJI COLONY, 517 501. ...PETITIONER AND STATE OF ANDHRA PRADESH, REPRESENTED BY SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, H FLOOR, PRIME HILL CREST, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 502. THE TIRUPATI URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, OFFICE AT DR.YSR BHAVAN, MUNICIPAL OFFICE ROAD, TIRUPATI, ANDHRA PRADESH THE DISTRICT COLLECTOR, TIRUPATI O/O. THE DISTRICT COLLECTORATE, TIRUCHANOOR, TIRUPATI. THE SUBREGISTRAR, RENIGUNTA SUB-DISTRICT, SRI BALAJI REGISTRATION DISTRICT, RENIGUNTA, TIRUPATI DISTRICT. ...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 topleased to issue an order, writ or direction more particularly one in andamus declaring- i.)the action of the respondents in not issuing proceedings for cancellation of the Registered Gift Deed IN THE HIGH COURT OF ANDHRA PRADESH [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE HARINATH.N M/S.S.K.S.ASSOCIATES,, REPRESENTED BY ITS MANAGING PARTNER S.K.SUBRAMANYAM S/O.S.KRISHNAMURTHY, AGE 51 YEARS, HAVING OFFICE AT DOOR NO.569, BALAJI COLONY, ...PETITIONER SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A.P.SECRETARIAT, VELAGAPUDI, THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, H FLOOR, PRIME HILL CREST, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT, THE TIRUPATI URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, OFFICE AT DR.YSR BHAVAN, I, ANDHRA PRADESH - 517 THE DISTRICT COLLECTOR, TIRUPATI O/O. THE DISTRICT DISTRICT, SRI BALAJI REGISTRATION DISTRICT, RENIGUNTA, TIRUPATI DISTRICT. ...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 topleased to issue an order, writ or direction more particularly one in i.)the action of the respondents in not issuing proceedings for cancellation of the Registered Gift Deed 2 No.7080/2022 dated 12.09.2022, ii.)the action of the respondents in not taking steps for restoring / reconveying the title and possession of the petitioner in respect of land to an extent of 4,114 Sq.yds in Sy.No.376/5B, 378/14B and 378/15 of Renigunta Agraharam Village Accounts, Near Thimmaiahgunta MW, Renigunta Mandal, Tirupati District, and iii.)the actions of the 3rd respondent in trying to alienate the land to an extent of 4,114 Sq.yds in Sy.No.376/5B, 378/14B and 378/15 of Renigunta Agraharam Village Accounts, Near Thimmaiahgunta MW, Renigunta Mandal, Tirupati District by issuing house-site pattas, as illegal, arbitrary, contrary to G.O.Ms.No.13 MAandUD (M) Department dated 25.01.2023 and violative of Article 14 and 300-A of the Constitution of India and consequently direct respondent nos.1 and 4 to execute and register a deed for cancellation of Gift Deed No.7080/2022 dated 12.09.2022 and to pass IA NO: 1 OF 2023 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 respondent nos.1 and 4 to consider and take action on the representations of the petitioner dated 20.02.2023 and 17.03.2023, in terms of G.O.Ms.No.13 MAandUD (M) Department dated 25.01.2023pending disposal of the above writ petition and to pass IA NO: 2 OF 2023 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 respondents not to alienate or create third party rights in respect of land to an extent of 4,114 Sq.yds in Sy.No.376/5B, 378/14B and 378/15 of Renigunta Agraharam Village Accounts, Near Thimmaiahgunta MW, Renigunta Mandal, Tirupati District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE 3. GP FOR REGISTRATION AND STAMPS (AP) 4. Karri kalyan Durga Prasad SC FOR TUDA 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17428 of 2023 ORDER: 1. The petitioner is aggrieved by the inaction of the respondents in reconveying the gifted property. The petitioner had executed a gift deed for land admeasuring 5% of the land in the proposed layout. The gift deed was executed in pursuance of the G.O.Ms.No.145, dated 06.12.2021. 2. It is submitted that the proposal for acquiring 5% of the layout area for EWS Housing Projects purposes was subsequently withdrawn by the State, thereby withdrawing the conditions stipulated in G.O.Ms.No.145, dated 06.12.2021. It is further submitted that several writ petitions were filed and considered by this Court, and, on account of the withdrawal of G.O.Ms.No.145, dated 06.12.2021, the gift deed executed by various developers for 5% of the layout land were reconveyed pursuant to directions issued by this Court. 3. The Division Bench of this Court, in W.P.No.5014 of 2022, permitted the petitioner therein to deposit the equivalent value of land in compliance with the conditions of G.O.Ms.No.145, dated 06.12.2021. 4. It is submitted that on account of the withdrawal of G.O.Ms.No.145, the petitioner would be entitled to cancellation of Gift Deed bearing No.7080 of 2022, dated 12.09.2022. 5. Heard the learned counsel for the petitioner and the learned Standing counsel for respondent No.3. 6. Considering that this Court had considered several writ petitions and allowed the contentions of the petitioners in view of the withdrawal of 4 G.O.Ms.No.145, dated 06.12.2021, there shall be a direction to the respondent Nos.3 and 4 to cancel Gift Deed bearing No.7080 of 2022, dated 12.09.2022, within a period of eight (08) weeks from the date of the receipt of this order. 4. Accordingly, the writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.09.2025 NKA 5 66 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17428 of 2023 Date: 22.09.2025 NKA