APHC010448342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23441/2025 Between: 1. AVINENI PRASAD, AGE 58YRS, S/O JAYARAMA NAIDU, R/O D.NO.6-8-1144, N.G.O.COLONY, TIRUPATI (URBAN), CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRI.SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE TIRUPATI MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, TIRUPATI. ...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 to issue order direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in blocking the utilization of the TDR issued bearing no 1012/00359/TDR/KMN/2023 Dt.22/08/2023 of 278.13 out of 1997.920 which was left un utilized by the petitioner as illegal, arbitrary and contrary to G.O.Ms.No.119, MA and UD.,Dt.28.03.2017 and consequently direct the respondents to release the balance TDR bonds of 278.13Sq.mts which was Blocked by the 2nd respondent to enable the petitioner to utilize the same and to pass such 2 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 Counsel for the Petitioner: 1. J RAVI KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 Order:- The petitioner is aggrieved by the inaction on part of the respondent authorities in blocking the TDR bonds issued on account of the petitioner executing a gift deed in respect of land admeasuring 499.48 square meters in R.S.No.39/1, for the purpose of road widening of the 40-feet link road from DBR to Chintalchenu. 2. It is submitted that the 2nd respondent has awarded TDR bonds for 1997.920 square meters of built-up area as per the Building Rules, 2017. The said TDR bonds were issued on 22.08.2023. It is further submitted that the petitioner has sold TDR bonds to an extent of 1719.79 square meters, and the TDR bonds for the balance of 278.13 square meters is yet to be liquidated by the petitioner. The petitioner came to know that the 2nd respondent has blocked the said TDR bonds for reasons best known to the 2nd respondent. The learned counsel for the petitioner submits that, in this regard, the petitioner submitted a representation on 25.03.2025 requesting the 2nd respondent to redress his grievance. It is further submitted that the petitioner is now forced to run from pillar to post for getting the TDR bonds released from such blockage. 3. The learned Standing Counsel for the 2nd respondent submits that the 2nd respondent has received information that TDR bonds were issued to ineligible individuals, and the same was brought to the notice of the 1st respondent. Accordingly, the TDR bonds issued in the year 2024 have been kept in abeyance. 4 4. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 2nd respondent, and the learned Assistant Government Pleader for the 1st respondent. 5. It is not in dispute that the petitioner executed a gift deed in favour of respondent No.2 when the 2nd respondent undertook the road widening for public purpose. It is also not in dispute that the petitioner has liquidated TDR bonds to an extent of 1719.79 square meters. The reason assigned for blocking the TDR bonds issued in the year 2024 en masse cannot sustain the scrutiny of law. When the respondent authorities have issued the TDR bonds after verification of the registered gift deeds executed by the affected parties, there is no justification in the 2nd respondent blocking the TDR bonds issued in the year 2024 en masse. 6. On these considerations, there shall be a direction to the 2nd respondent to verify the gift deed executed by the petitioner and release the unblocked TDR bonds issued to the petitioner to an extent of 278.13 square meters, within a period of four (04) weeks from the date of receipt of a copy of this order. 7. Accordingly, this writ petition is disposed off. There shall be no order as to costs. 8. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 03.09.2025 PNS 5