APHC010465192014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9446/2014 Between: Sri Kollipara Narasimha Rao, Visakhapatnam, & Anr. and Others ...PETITIONER(S) AND The State Of A P M A Hyd Anr and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. K RAJYA LAKSHMI Counsel for the Respondent(S): 1. 2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: ORDER:- This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…to issue a writ or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or Writs order or Direction declaring the Notice dt.23.09.2013 in Rc.No. 11693/2007/1-1/ANN-1/30 on the file of the 2nd respondent, as illegal, arbitrary, void and without jurisdiction and to suspend the same and to consequently direct the respondents not to interfere with the possession of the property of the petitioners bearing plot nos.118 admeasuring 600 Sq.Yds in the lay out approved by VUDA covered by Sy.No.34 part & 35 part of Rushikonda layout in Visakhapatnam District…” 2. The case of the petitioners is that the 2nd respondent registered plot No.118 admeasuring 600 Sq. Yards in Sy.No.34 and 35 part of Rushikonda Village, Visakhapatnam, in favour of Billakurti Nagalaxmi, by way of sale deed dated 30.06.2010 vide document No.2032/2010. On 04.01.2012, the said plot was purchased by the petitioners from Smt. Billakurthi Nagalaxmi, represented by her GPA holder Vemireddy Ganapathi. While the matter being so, the 2nd respondent issued show cause notice dated 23.09.2013 in Rc.No.11693/2007/1-1/ANN-1/30 cancelling allotment of the said plot. Aggrieved by the same, the petitioners filed the present writ petition. 3. The 2nd respondent filed counter affidavit, wherein it is stated that in view of the report submitted by the HODs Committee, the then Vice- Chairman, VUDA, has issued notice on 23.09.2013 to the bogus assignee Smt.Bilakurthi Nagalakshmi, calling for explanation as to why the developed plots allotted to her should not be cancelled. As she failed to file any written explanation, the allotment of the subject plot to her including certain other plots has been cancelled vide orders dated 05.07.2014. It is submitted that the respondents have also filed O.S.No.5090 of 2014 before the IV Additional District Judge, Visakhapatnam, against the bogus assignee Smt Bilakurthi Nagalakshmi and also the then VUDA Officers for cancellation of the sale deeds, which were executed fraudulently. 4. In view of the said fact that the respondents have already filed O.S.No.5090 of 2014 as against petitioners and VUDA Officers for seeking cancellation of the sale deeds, this Court is of the opinion that the final cancellation order dated 05.07.2014, shall be subject to the result of the said O.S.No.5090 of 2014. 5. Accordingly, the Writ Petition is disposed of. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 29.01.2025 JLV 146 HON’BLE SMT. JUSTICE V.SUJATHA W.P.No.1774 of 2025 Dt.29.01.2025 JLV