1 I * APHC010625722023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32490 OF 2023 Between: Shaik Jilani, S/o.Abdul Sattar, Aged 50 years, Developer, R/o D.No.14-56, Patha Peta, Nuzivid, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Municipal- Administration and Urban Development-Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Capital Regional Development Authority, Rep by its Commissioner, Lenin Centre, Governorpet, Vijayawada, Krishna District ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and Deeds of Respondents in issuing the proceedings by rd Respondent in R.C.No. MAU61- DPONUZ(OTH)/18/2023-DP dated 03-11-2023 by rejecting the request for issuance of TDR Bonds, which is iilegal, irregular, arbitrary unconstitutional, against to the Principles of Natural Justice, contrary to the Andhra Pradesh Land Development (Layout and Sub-division) Rules, 2017 and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to issue proportionate TDRs in respect of the land in R.S.No.596- 1C(P) for an extent of Ac.2.0701 cents as per the L.P.No. 62/2022/1071/APCRDA/DPMS dated 06-03-2023. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to consider and pass appropriate orders on the Petitioner's Representation dated 11-11-2023 by directing them to issue proportionate TDRs in respect of the land in R.S.No.596- 1C(P) for an extent of Ac.2.0701 cents in pursuance of L.P.No. 62/2022/1071/APCRDA/DPMS dated 06-03-2023 pending disposal of this Writ Petition. Counsel for the Petitioner; SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent No.1; GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: M/s. S PRANATHI The Court made the following order: /i.. APHC010625722023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32490/2023 Between: 1.SHAIK JILANI, S/O.ABDUL SATTAR, AGED 50 YEARS, DEVELOPER, RIO D.NO.14-56, PATHA PETA, NUZIVID, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRL. SECRETARY, MUNICIPAL- ADMINISTRATION AND URBAN DEVELOPMENT-DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE CAPITAL REGIONAL DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER, LENIN CENTRE, GOVERNOTET, VIJAYAWADA, KRISHNA DISTRICT ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and Deeds of Respondents R.C.No. MAU61- in issuing the proceedings by rd Respondent in DPONUZ(OTH)/18/2023-DP dated 03-11-2023 by rejecting the request for of TDR Bonds, which is illegal, irregular, arbitrary unconstitutional. issuance against to the Principles of Natural Justice, contrary to the Andhra Pradesh Land Development (Layout and Sub-division) Rules, 2017 and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to issue proportionate TDRs in respect of the land in SRS,J W.P.No.32490 of 2023 R.S.No.596- 1C(P) for an extent of Ac.2.0701 cents as per the L.P.No. 62/2022/1071/APCRDA/DPMS dated 06-03-2023 and pass lA 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 to direct the Respondents to consider and pass appropriate orders on the Petitioner's Representation dated 11-11-2023 by directing them to issue proportionate TDRs in respect of the land in R.S.No.596- 1C(P) for an extent of Ac.2.0701 cents in pursuance of L.P.No. 62/2022/1071/APCRDA/D PMS dated 06-03-2023 pending disposal of this Writ Petition and pass Counsel for the Petitioner: 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2.S PRANATHI The Court made the following: :: ORDER :: Impugning the proceedings issued by respondent No.2 vide R.C.No.MAU61-DP0NUZ(OTH)/18/2023-DP03/11/2023 (Ex.P1), the above writ petition has been filed. 2. Heard learned counsel appearing on either side. 3. The petitioner is the absolute owner of an agricultural land of an extent of Ac.2.07 cents in R.S.No.596-1 C(P) of Nuzvid Municipality, Krishna District. The petitioner purchased the said land under the registered document dated 17.10.2022. Thereafter, the petitioner converted the same from agricultural into non-agricultural land. The petitioner made an application for the grant of layout. Respondent No.2 accorded permission vide L.P.No.62/2022/ 1071/ SRS,J W P.No 32490 of 2023 dated 06.03.2023 (Ex.P2). The petitioner, during the APCRDA/DPMS development, lost more than 56% of the total land towards roads, open space, park and utility. The petitioner is entitled to Transferable Development Rights (TDR) for the excess area @ 1:2 ratio. The petitioner made a representation 10.08.2023 (Ex.P4), requesting the authority to issue TDRs. By the proceedings impugned, the said request was G.O.Ms.No.180, dated 01.10.2020. on rejected in terms of 4. A counter affidavit was filed on behalf of respondent No.2. In para No.6 of the counter affidavit, it was stated that the respondents received the application dated 10.08.2023 for issuance of TDR Bonds @ 1:2 ratio for an extent of 2627.27 square meters and the same was rejected vide letter dated 03.11.2023, by inadvertence, the reason for rejecting the representation was wrongly mentioned citing Rule VII 5(a) of G.O.Ms.No.180, which has no application in the context. In fact, as per G.O.Ms.No.178, the petitioner is eligible for TDR bonds for the lands surrendered more than 50% of the layout due to the master plan. The respondents received another representation dated 11.11.2023, and the same was forwarded vide letter dated 05.12.2023. 5. In para No.7 of the counter affidavit, it was pleaded that the petitioner is yet to complete the development of the layout, as stipulated under Clause 6, 8, 12, 13, 14, 16 & 20. The issuance of TDR bonds arises only after surrendering the land to the local body. 6. Learned counsel for the petitioner would submit that the rejection order passed by the authority was in terms of G.O.Ms.No.180, which has no application. The said contention of counsel for the petitioner is fortified by the averment made in para No.6 of the counter affidavit. Since the rejection order was passed based on G.O.Ms.No.188, dated 01.10.2020, which has no application and in fact, G.O.Ms.No.178 is area 7. 4 4r SRS,J W.P.No.32490 of 2023 appropriate to the factual situation, the proceedings issued by respondent No.2 are liable to be set aside. Given the facts and circumstances of the case, the Writ Petition is disposed of. The proceedings issued by respondent R.C.No.MAU61-DP0NUZ(OTH)/18/2023-DP03/11/2023 (Ex.P1) are hereby set aside. The matter is remitted to respondent No.2. The learned respondent No.2 shall consider the representation made by the petitioner afresh in terms of G.O.Ms.No.178 dated 01.10.2020 and pass appropriate orders within three (03) months. The petitioner is at liberty to make additional representation, if any, by annexing all the relevant documents. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 8. No.2 vide Sd/- B PR, ASSISTANI ^DA RAO ^iST.RAR SECTION OFFICER //TRUE COPY// To. 1. The PrI. Secretary, State of Andhra Pradesh, Municipal-Admini stration Urban Development-Department, Secretariat, Velagapudi, Amaravathi District. 2. The Commissioner, Capital Regional Development Authority, Lenin Centre, Governorpet, Vijayawada, Krishna District 3. One CC to SRI. NARASIMHA RAO GUDISEVA, Advocate [OPUC] 4. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, Andhra Pradesh [OUT] 5. One CC to M/s. S PRANATHI, Advocate [OPUC] 6. Two CD Copies and Guntur High Court of nm HIGH COURT DATED:09/07/2025 ORDER WP NO. 32490 OF 2023 DISPOSING OF THE WP WITHOUT COSTS