Rakib Jaan Mohammed Khan v. The State of Andhra Pradesh
WP/20487/2025 · 2025-08-04
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27918 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27918 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010395662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE HARINATH.N WRIT PETITION NO: 20487 OF 0f Between: Rakib Jaan Mohammed Khan, W/o. Years, Mumbra Police Station Mohammed Khan, aged R/o. 306, 3rd Floor, Panchasil Apartment, about 69 Narayan Nagar, Presently 101, SMK Apartment, N.G.O Colony, Mumbra, Thane, Maharashtra residing at D.No.42/252, Flat No. Kadapa, Andhra Pradesh 516002 ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary Munrapal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District-522001. 2. Kadapa Municipal Corporation, Rep by its Commissioner, Kadapa, YSR (Kadapa) District. ...Respondents Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be Phased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in not granting TDR bonds as agreed, having obtained gift deed vide Document No. 20109/2024 dated 10.09.2024 in respect of property bearing D.No.19/159 and Petition under Article 226 of the
D.No.19/160, Madras Road, Near Gokul Lodge, Kadapa, YSR (Kadapa) District which was utilized for development of 70 Master Plan Road (widening of Madras Road) from Gokul Circle to Annamaiah Circle via Krishna Circle, inspite of endorsement's dated 17.03.2025 vivide Roc.No.KDP20250210743 No.KDp202506235520 passed by the unconstitutional and in violation of well and consequently direct the respondents the petitioner. and dated 04.07.2025 vide Roc respondent No.2 as illegal, arbitrary settled principles of Natural Justice to forthwith issue the TDR Bonds to lA NO: 1 OF 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 direct the respondents to issue TDR Bonds to the petitioner forthwith of the endorsement’s dated 17.03.2025 vide Roc.No.KDP20250210743 dated 04.07.2025 vide Roc No.KDp202506235520 No.2, pending disposal of the main writ petition.
to in terms and passed by the respondent Counsel for the Petitioner: SRI SHAIK Counsel for the Respondent No 1 • DEV MOHAMMED ISMAIL GP MUNCIPAL ADMN AND URBAN Counsel for the Respondent No.2:
MUNICIPAL CORPORATION The Court made the following order:
SRI P VENGAL REDDY SC FOR
i f APHC010395662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20487/2025 Between:
1.RAKIB JAAN MOHAMMED KHAN, W/0. MOHAMMED KHAN, AGED ABOUT 69 YEARS APARTMENT, NARAYAN NAGAR, MUMBRA POLICE STATION, MUMBRA, THANE, MAHARASHTRA PRESENTLY RESIDING AT D.NO.42/252, FLAT NO. 101, SMK APARTMENT, N.G.O COLONY, KADAPA, ANDHRA PRADESH 516002 R/0. 306, 3RD FLOOR, PANCHASIL ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522001. 2. KADAPA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KADAPA, YSR (KADAPA) DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
2 The Court made the following:
ORDER: The learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the 2"^^ respondent in issuing TDR bonds for the land gifted by the petitioner in favor of the 2"^^ respondent. It is submitted that the petitioner executed a registered gift deed bearing document No. 20109/2024 dated 10.09.2024, by which an extent of 313 square feet of land was gifted to the 2"'^ respondent. Subsequently, the petitioner submitted a representation for the grant of TDR bonds. It is further submitted that the 2"'* respondent passed an endorsement on 17.03.2025, informing the petitioner that the TDR file has now been submitted to the TDR Committee for final review and approval, and that the 2"'^ respondent is actively working to expedite the process. The TDR bonds will be issued promptly upon the committee’s approval. However, the 2""^ respondent has not issued the TDR bonds till date, even after the endorsement dated 17.03.2025.
2.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2"'^ respondent.
4. Considering the endorsement dated 17.03.2025 and the further endorsement dated 04.07.2025, there shall be a direction to the 2'^ respondent to issue TDR bonds to the proportionate extent of land gifted by the petitioner, within a period of four (04) weeks from the date of receipt of a copy of this order.
I*--' 3
5. Accordingly, this writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFPJCER To, and Urban
1. The Principal Secretary Municipal Administration Developmeht Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District-522001.
2. The Commissioner, Kadapa Municipal Corporation, Kadapa, YSR (Kadapa) District.
3. One CC to Sri. Shaik Mohammed Ismail Advocate {OPUC]
4. One CC to Sri. P Vengal Reddy SC for Municipal Corporation [OPUC]
5. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT]
6. Two CD Copies GSC
n HIGH COURT DATED:05/08/2025 1 ®' SEP 2025 ^ ^^Cuiremseciion . ^
ORDER WP NO. 20487 OF 2025 DISPOSING THE WP WITHOUT COSTS