IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29689 OF 2024 Between: 1. Thota Siva Manikhyaya Hanumantha Rao, S/o. Venkata Ratnam, Male, Age; 57 years, R/o. Koamravaram Village, Tanuku Mandal, West Godavari District. Presently residing at V.N colony, Hyderabad, Telangana State. 2. Thota Veerraju, S/o. Verriyya, Male, Age- 49 years, R/o. Main Raod, Komaravaram Village, Tanuku Mandal, West Godavari District. 3. Pulapa Srinivasu, S/o. Surayachandra Rao, Male, Aged about 45 years, R/o. Pedda Ramalayam Veedhi, Tanuku Mandal, West Godavari District. 4. Pulupu Sunil Kumar, S/o. Srinu, Male, Aged about 31 years, R/o. H.No. 6-41, Pulupu Srinu gari street, Relangi Village , Iragavaram Mandal, West Godavari District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Velagapudi Village, Amaravati, Guntur District. 2. The Commissioner and Director of M.A and UD Dept, Office at Prime Hill Crist, 4thFloor, Near DGP Office, Vaddeswaram Village, Mangalagiri, Guntur District. 3. The Eluru Urban Development Authority (EUDA), Rep. by its Chairman and Managing Director, Eluru, Eluru District. 4. The Director of Town And Country Planning, MGM Capital building, Ground Floor, Backside of Doctor YSR Arogya Sri Health Care Trust, NH-16 Service Road, Mangalagiri, Guntur District. The District Collector of West Godavari District, Office at Maruthi Nagar Bhimavaram. West Godavari District. The Komaravaram Gram Panchayat, Rep. by its Secretary, Komaravaram Village, Tanuku Mandal, West Godavari District 5. 6. ...RESPONDENTS 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in Not Releasing the land an extent of AC. 1-125 cents Komaravaram Village, Tanuku Mandal, West Godavari District., as illegal, arbitrary, violation of principles of natural justice, and consequently direct to the respondents to execute release deed for the 5% land an extent of AC. 1-125 cents out of layout land in L.P.No.23/2022/1172/DTCP/DPMS land Komaravaram Village, Tanuku Mandal, West Godavari District. lA NO: 1 OF 2024 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 to direct to the respondents execute release deed for the 5% land an extent of AC.1-125 cents out of layout land in L.P.No. 23/2022/1172/DTCP/DPMS land Komaravaram Village, Tanuku Mandal, West Godavari District., to the petitioner pending disposal of the above writ petition. Counsel for the Petitioners: SMT. VASAVI RATNA KUMARI DANDAMUDI Counsel for the Respondent Nos.1,2 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.3: SRI J. DILEEP KUMAR, SC FOR MUNICIPALITIES Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: SRI Y.KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER 1 APHC010567772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY. THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29689/2024 Between: Thota Siva Manikhyaya Hanumantha Rao and others AND ...PETITIONER(S) ...RESPONDENT(S) The StateoOf Andhra Pradesh and others Counsel for the Petitioner(S): 1.VASAV1 RATNA KUMARI DANDAMUDI Counsel for the Respondent(S); 1.GP FOR REVENUE 2.J DILEEP KUMAR 3.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: t. 2 ORDER The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in Not Releasing the land an extent of AC.1-125 cents, Komaravaram Village, Tanuku Mandal, West Godavari District, as illegal, arbitrary, violation of principles of natural justice, and consequently direct the respondents to execute release deed for the 5% land an extent of AC.1-125 cents out of layout land in L.P.NO.23/2022/1172/DTCP/DPMS land Komaravaram Village, Tanuku Mandal, West Godavari District.....” Heard learned counsel for the petitioners, learned Government Pleader 2. for Municipal Administration and Urban Development and Mr.Y.Koteswara Rao, learned Standing Counsel for respondent No.6. This writ petition is filed challenging the action of the respondents in not 3. releasing the land in pursuance of the G.O.Ms.No.145, MA&UD Department, dated 06.12.2021. It is submitted by the learned counsel for the petitioners '\ 1 that the present writ petition was squarely covered by the order passed in W.P.No.8312 of 2023 dated 04.04.2023, wherein the writ petition filed by the petitioner therein was allowed and in terms of G.O.Ms.No.145, MA&UD Department, dated 06.12.2021, ordering that the land shall be reconveyedto the petitioner therein within a period of four (04) weeks from the date of receipt of a copy of that order. The facts and circumstances of the present case are similar to that of 4. the facts in W.P.No.8312 of 2023. For which, the learned Government Pleader 3 for Municipal Administration and Urban Development, leaned Standing Counsel also conceded with the same. 5. In the light of the above discussion, since the facts and circumstances of the present case are squarely covered by the order in W.P.No.8312 of 2023, dated 04.04.2023, this writ petition is also allowed in terms of the said order, by directing the respondents to cancel the Gift deed executed by the petitioner in terms of earlier G.O.Ms.No.145, MA&UD Department, dated 06.12.2021 and to re-convey the subject land to the petitioner within four (04) weeks from the date of receipt of a copy of this order. Registry is directed to attach the copy of the order dated 04.04.2023 passed by this Court in W.P.No.8312 of 2023 to this order. 6. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTTON OFFICER To. 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Velagapudi Village, Amaravati, Guntur District. 2. The Commissioner and Director of M.A and UD Dept., Office at Prime Hill Crist, 4thFloor, Near DGP Office, Vaddeswaram Village, Mangalagiri, Guntur District. 3. The Chairman and Managing Director, Eluru Urban Development Authority (EUDA), Eluru, Eluru District. pm 4. The Director of Town And Country Planning, MGM Capital building, Ground Floor, Backside of Doctor YSR Arogya Sri Health Care Trust, NH-16 Service Road, Mangalagiri, Guntur District. 5. The District Collector of West Godavari District, Office at Maruthi Nagar, Bhimavaram. West Godavari District. 6. The Secretary, Komaravaram Gram Panchayat, Komaravaram Village, Tanuku Mandal, West Godavari District 7. One CC to Smt. Vasavi Ratna Kumari Dandamudi, Advocate [OPUC] 8. One CC to Sri J. Dileep Kumar, SC for Municipalities[OPUC] 9. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 11. Two CC’s to GP for Revenue, High Court of A.P. at AmaravatifOUT] 12. Three CD Copies. (Along with a copy of the order dated 04.04.2023 in W.P.No.8312 of 2023 to this order) ssb HIGH COURT DATED:22/01/2025 ORDER WP.No.29689 of 2024 ALLOWING THE W.P. WITHOUT COSTS f THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.8312 of 2023 ORDER:- This writ petition for a Mandamus is filed to declare the action of the respondents in not re-conveying the land in an extent of Ac. 1.90 cents covered by Sy.No.l91-2P of Karakavalasa Village in Vizianagaram District to the petitioner, by cancelling the Gift Deed dated 23.11.2022 obtained from the petitioner in terms of G.O.Ms.No.l45, MASsUD Department, dated 06.12.2021 after withdrawing of the said G.O. as per G.O.Ms.No. 13, MA&UD Department, dated 25.01.2023, as illegal and consequently sought direction to the respondents to re-convey the said land to the even petitioner by cancelling the Gift Deed. 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondents 1 and 2, Sri V.Surya Kiran Kumar, learned Standing Counsel for VMRDA for respondent and learned Assistant Government Pleader for Revenue for 4^^ respondent. The petitioner is a registered Company involved in doing business in real estate and infrastructure projects in the States of 3. Andhra Pradesh and Telangana. 4. The petitioner has earlier formed a layout in Karakavalasa Village of Vizianagaram District and applied for approval of said layout by the respondent. MA86UD Department, dated 06.12.2021 At that time, G.O.Ms.No. 145, was in force. As per the said G.O., a person/company, who has applied for approval of the layout, has to give 5% of the layout extent to the Government for the purpose of assigning the same to weaker section or to deposit cost of the said 5% of the land. As per the terms of the said G.O., giving 5% of the land or depositing cost of the said 5% of the land is necessaiy for approval of the layout. The petitioner has opted for giving land of 5% in terms of the said G.O. and accordingly it is stated that the petitioner has executed registered Gift Deed dated 23.11.2022 in favour of the 4*^ respondent. Thereafter, the said layout was approved. 5. As per the case pleaded by the petitioner, the said condition imposed under aforesaid G.O.Ms.No. 145, MASsUD Department, dated 06.12.2021, has been challenged in this Court by way of filing various writ petitions, withdrawn the said G.O.Ms.No. 145, MA&UD Department, dated 06.12.2021 under G.O.Ms.No. 13, MA&UD Department, dated 25.01.2023. While so, the Government has MA&UD G.O.Ms.No.l45, said 6. After cancelling the G.O.Ms.No.13, MA&UD Department, dated 06.12.2021 by issuing Department, dated 25.01.2023, it is stated that the petitioner has submitted a representation to the 4^^ respondent requesting to cancel the Gift Deed dated 23.11.2022 and to re-convey the said land in an extent of Ac. 1.90 cents to the petitioner. of the writ petitioner is that the said being considered and the land is not being Therefore, the instant writ petition has been Now the grievance 7. representation is not re-conveyed to him filed seeking the aforesaid reliefs. The fact that G.O.Ms.No.l3, MA&UD Department, dated cancelling the earlier G.O.Ms.No.l45, condition to 8. 25.01.2023 was issued MA&UD Department, dated 06.12.2021 containing a deposit the value of the said of the land to approve the layout is not m dispute. give 5% of the land in the layout or to 5% Counsel for VMRDA fairly concedes that issued cancelling In fact, the ofthe said G.O.Ms.No.13. It dated Learned Standing said G.O.Ms.No.13, dated 25.01.2023 was the earlier G.O.Ms.No. 145, dated 06.12.2021. petitioner has also produced the copy evident from it that the 9. the earlier G.O.Ms.No.145 IS 06.12.2021 was cancelled. > 10. Therefore, when the said which, the petitioner has the land which is Ac. 1.90 cents entitled for re- earlier G.O.Ms.No.l45, under executed a Gift Deed in respect of 5% of was cancelled, the petitioner is conveyance of the said land. 11. At the time of hearing, it is brought to the notice of this Court that the amount of 5% that was deposited by various persons, who got the layouts approved, is being now returned per the common order of the Division Bench in W.P.Nos. 13415 of 2022 and 27997 of 2022. as of this Court rendered A copy of the said common order of the Division Bench is also made available along with the material papers of the writ petition. It is evident from it that the Division Bench of this Court ordered for return of the said 5% of the amount deposited in terms of the earlier G.O.Ms.No. 145 after the said G.O. was cancelled as per G.O.Ms.No. 13. 12. Therefore, the petitioner is also entitled for his land of Ac. 1.90 re-conveyance of cents after cancellation of the said Gift Deed executed in favour of the petitioner, justified in keeping the representation of the without re-conveying his land to him after The respondents are not petitioner pending cancelling the Gift Deed, after issuance of G.O.Ms.No.13, dated 25.01.2023. 5 Resultantly, the Writ Petition is allowed. The 4^^ respondent 13. is directed to cancel the Gift Deed dated 23.11.2022 executed by the petitioner in terms of the earlier G.O.Ms.No. 145, dated 06.12.2021 and to re-convey the said land of Ac. 1.90 cents covered by Sy.No.l91-2P of Karakavalasa Village in Vizianagaram District, to the petitioner within four (04) weeks from the date of receipt of a copy of this order or from the date on which a copy of this order is placed before the 4* respondent, whichever is earlier. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, in this Writ Petition, shall stand closed. JUSTICE CHEEKATI MANAVENDRANATH ROY Date; 04.04.2023 ARR