APHC010579432023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29941/2023 Between: 1. MGB MOBILES, 1-374, SY.NO.241/2C, 242 AND 243, NH-44, BANGALORE ROAD, KAKALAPALLI VILLAGE, ANANTAPURAMU, ANANTAPURAMU DISTRICT. REP. BY ITS PARTNER AND CHIEF EXECUTIVE OFFICER, ADITYA MACHANI, S/O. M.RAGHUNATH, AGED ABOUT 38 YEARS, OCC. BUSINESS, R/O. ANANATAPURAMU, ANANTAPURAMU DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR OF TOWN AND COUNTRY PLANNING MGN CAPITAL BUILDING, GROUND FLOOR, BACK SIDE OF DR.YSR AROGYA SREE HEALTH CARE TRUST, NH-16, SERVICE ROAD, MANGALAGIRI, GUNTUR DISTRICT. 3. THE ANANTAPURAMU HINDUPUR URBAN DEVELOPMENT AUTHORITY, COLLECTOR BANGLOW ROAD, ANANTAPURAMU, ANANTAPURAMU DISTRICT. REP. BY ITS VICE-CHAIRMAN. 4. THE ASSISTANT PLANNING OFFICER, ANANTAPURAMU, HINDUPUR URBAN DEVELOPMENT AUTHORITY COLLECTOR BANGLOW ROAD, ANANTAPURAMU, ANANTAPURAMU DISTRICT. -2- ...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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the proceedings of the 4th respondent issued in letter No.EDS/1107/2023/0033 dated 05.08.2023 as illegal, arbitrary and contrary to the orders passed in WP.No.12916/2019 dated 05.08.2022 and consequently direct the 3rd and 4th respondent to issue Occupancy Certificate in favour of the petitioner and pass such IA NO: 1 OF 2023 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 may be pleased to direct the 3rd and 4th respondents to issue the Occupancy Certificate in favour of the petitioner for the building constructed in pursuance of the plan approved in EA.No.1107/0010/B/ATP/KKLPL1 /2019/ 0C-1 by suspending the letter of the 4th respondent issued in Letter No.EDS/1107/2023/0033 dated 05.08.2023, pending disposal of the WP.. Counsel for the Petitioner: 1. O M R LAW FIRM Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. J DILEEP KUMAR The Court made the following: -3- THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.29941 OF 2023 ORDER : 1. The petitioner is aggrieved by the in-action on part of the respondent authorities in issuing occupancy certificate in favour of the petitioner for the building constructed in accordance with the sanctioned plan. The 4th respondent issued an endorsement dated 05.08.2023 referring to Rule 2 (87) and GOMs.No.119, dated 28.03.2017 and called upon the petitioner to submit registered gift deed for all roads and open spaces to the local body. 2. Learned counsel for petitioner submits that the said GO and Rule 2 (87) are completely inapplicable to the petitioner. It is also submitted that this Court considered the Rule 2(87) rule 61(7) and sub-clause (14) in WP.No.12916 of 2019 and the learned single Judge of this Court allowed the writ petition. 3. On the facts of this case, the petitioner has proposed to construct a showroom and applied for permission for construction which was sanctioned on 23.06.2022 and a complex was constructed as per the sanctioned plan. -4- 4. The respondents authority issued the impugned proceedings calling upon the petitioner to execute gift deed of all internal roads and spaces to handover them to local body. This was called for when the petitioner was sought for occupancy certificate. The construction of the petitioner does not fall under Rule 2(87) to be considered as a group development scheme and the facts of WPNo.12916 of 2019 are very much similar to the facts of this case. 5. Following the judgment of this court, the present writ petition is allowed, the impugned proceedings are set aside consequently the respondents 3 and 4 are directed to issue occupancy certificate to the petitioner. 6. Registry is directed to append the copy of order in WP.No.12916 of 2019 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dated 16.07.2025 ANS -5- THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.29941 OF 2023 Dated 16.07.2025 ANS