APHC010390532014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21405/2014 Between: Smt. Kommineni Vijayalakshmi ...PETITIONER AND Government Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M S R SUBRAHMANYAM Counsel for the Respondent(S): 1. 2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….issue a writ order or direction more particularly a writ in the nature of Mandamus under Article 226 of India declaring the Proceedings of the 2nd respondent in R.C.No.11693/2007/11/Ann. II/29 dated 03.07.2014 as violative of principles of natural justice arbitrary, illegal and void and pass such other order or orders as this Honble Court deems fit and proper in the circumstances of the case”. 2. Heard Sri V.V. Satish, learned counsel for the petitioners and Sri V. Surya Kiran Kumar, learned Standing Counsel appearing for the respondents. 4. Today, when the matter came up for hearing, learned standing Counsel submitted written instructions, wherein it is stated that the respondents have already filed Civil Suit O.S.No.1450 of 2015 on the file of the II Additional Senior Civil Judge, Visakhapatnam seeking cancellation of sale deed executed in favour of the petitioner herein to the extent Plot No.14 in Sy.No.34/1 part of Rushikonda Village of Visakhapatnam Rural, Visakhapatnam District only. 5. On perusal of the said instructions submitted by the learned standing Counsel, it is clear that even without cancellation of sale deed executed in favour of the petitioners, the respondents have cancelled the allotment which in fact should have been done after cancellation of the sale deed. However, in view of the fact that the respondents have already filed civil Suit O.S.No.1450 of 2015 seeking cancellation of sale deed executed in favour of the petitioner, this Court is of the opinion that the impugned proceedings issued by respondent No.2 cancelling the allotment is liable to be set aside. 6. Accordingly, the writ petition is disposed of setting aside the impugned proceedings Rc.No.11693/2007/I-1/Ann. II/29 dated 03.07.2014. However, cancellation of allotment shall be subject to the result of the O.S.No.1450 of 2015 on the file of the II Additional Senior Civil Judge, Visakhapatnam. The concerned Civil Court is directed to decide the civil suit pending before it on its own merits without being influenced by the order passed this Court in the present writ petition. No costs. The miscellaneous petitions pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 23.01.2025 ANS 206 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21405/2014 Date: 23.01.2025 ANS