APHC010426592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22095/2025 Between: Sri Bhramara Townships Pvt. Ltd. and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 W.P.No.22095 of 2025 Date of order: 21.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO.22095 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not re- conveying the land admeasuring Ac.0.96 cents situated in Sy.No.406/1A of Velpuru Village, Kankipadu Mandal, Krishna District to the 1st petitioner’s company by cancelling the gift deed No.6948/2022 dt.14.11.2022. 2. The learned counsel for the petitioner submits that the 2nd petitioner, in pursuance of G.O.Ms.No.145, dated 06.12.2021, had executed a gift deed in favour of 4th respondent. The said G.O was issued for handing over additional 5% of layout area to the District Collector by utilization for Y.S.R. Jagananna Housing Scheme for the poor. It is submitted that the State had subsequently withdrawn G.O.Ms.No.145, thereby rendering the 5% of land gifted to the 4th respondent ineffective, though the perpetuity and performance of the G.O was withdrawn by the State. 3. The learned Government Pleader for Municipal Administration & Urban Development submits that G.O.Ms.No.13, dated 25.01.2023, was issued withdrawing G.O.Ms.No.145, MA and UD (M), Dept., dated 06.12.2021. It is further submitted that subsequent withdrawal of the G.O cannot retrospectively affect the validity of transactions conducted during the prevailing law and regulation at that time. It is 3 W.P.No.22095 of 2025 Date of order: 21.08.2025 further submitted that the gift deed was executed in pursuance of G.O.Ms.No.145 for obtaining layout permission. As such, the petitioner cannot reclaim the gifted property as the same is now the property of the State. 4. Heard the submissions of the learned counsel appearing for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, appearing for respondent Nos.1 & 2, the learned standing counsel for CRDA, appearing for respondent No.3, the learned Assistant Government Pleader for Revenue, appearing for respondent No.4. 5. The G.O.Ms.no.145 was subsequently withdrawn, which mandated execution of the gift deed in favour of the 3rd respondent. The proposal to construct housing for the poor at that particular locality was also not proceeded further. It is also submitted that the Government has taken possession of the property which was gifted by petitioner No.2. Since G.O.Ms.No.145, MA and UD (M) Dept., dated 06.12.2021, has been withdrawn, retaining the gifted portion of land by the petitioner no longer serves any purpose. More so, considering that the land was gifted solely to obtain layout permission for constructing a housing colony, now the proposal has been shelved, the gifted land should be restored to the donor. The donor and the petitioners have entered into a memorandum of understanding dated 16.09.2022 duly agreeing to execute the gift 4 W.P.No.22095 of 2025 Date of order: 21.08.2025 deed with a further assurance of resolving any disputes over the same and clearing them. The cancellation deed shall be executed after issuance of a notice to the petitioner and the donor. 6. On these considerations, this Court is of the considered view that the 4th respondent and the petitioner shall execute a deed of cancellation of gift before the concerned Sub-Registrar’s office within a period of four (04) weeks from the date of the receipt of this order. 7. Accordingly, the writ petition is disposed of. No costs. 8. Miscellaneous applications, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:21.08.2025 BV