APHC010506012014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 40234/2014 Between: G. Mangayamma Kumari & 2 Ors. and Others ...PETITIONER(S) AND Prl Secy Mun Admn Ano and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 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: 2 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….to issue a writ, order or direction, more particularly a writ in the nature of mandamus under Art. 226 of India declaring the Proceedings of the 2nd respondent in R.C. No. No.11693/2007/1- 1/Ann. 1/3 Dt. 3.7.2014 as violative of principles of natural justice, arbitrary, illegal and void and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.” 2. On 23.12.2014, when the matter came up for admission, this Court, after hearing the submissions, passed the following interim order. “…In this view of the matter, Status quo in all respects shall be maintained by both sides in respect of the subject-land. There shall be interim suspension of the impugned order, but however, it shall not preclude the 2nd respondent from initiating civil proceedings for cancellation of registration of the subject plots before the jurisdictional civil court.” 3. Heard learned counsel for the petitioner and Sri. V. Surya Kiran Kumar, learned Standing Counsel for the respondents. 4. Today, when the matter came up for hearing, learned standing Counsel on oral instructions has submitted that the respondents have already filed Civil Suit vide O.S.No.1097 of 2014 on the file of the II Additional Senior Civil Judge, Visakhapatnam seeking cancellation of sale deed executed in favour of the petitioners herein for the plot Nos.176, 177 and 187 in Sy.No.34 and 35 part of Rushikonda Village of Visakhapatnam Rural, Visakhapatnam District. He further submitted that another civil suit vide O.S.No.97 of 2024 was also filed on the file of the Principal Junior Civil Judge, Bheemilipatnam seeking cancellation of sale deed executed in favour of the petitioners herein for the plot No.185 in Sy.No.34 and 35 of Rushikonda Village of Visakhapatnam Rural, Visakhapatnam District. 3 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 two civil suits seeking cancellation of sale deed executed in favour of the petitioners, 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 allowed setting aside the impugned proceedings Rc.No.11693/2007/I-1/Ann.I/3, dated 03.07.2014. However, cancellation of allotment shall be subject to the result of the O.S.No.1097 of 2014 on the file of the II Additional Senior Civil Judge, Visakhapatnam and O.S.No.97 of 2024 on the file of the Principal Junior Civil Judge, Bheemilipatnam. The concerned Civil Courts are directed to decide the civil suits pending before it on its own merits without being influenced by the order passed by this Court in the present writ petition. No costs. The miscellaneous petitions pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 05.02.2025 Gss