APHC010679422015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3186/2015 Between: Surla Krishna Rao, S/o.surla (late) Appala Swamy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S A V RATNAM 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: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….to issue issue a suitable writ order or direction more particularly one in the nature of writ of certiorari calling for the records pertaining to the order of the 2nd Respondent Dated 05.07.2014 Rc.No.6669/06/1-1/ANN-II/9 issued in pursuance of the Show cause notice bearing No.Rc.No.6669/06/1- 1/ANN-II/9, Dated 23.09.2013 and declare the same as illegal unconstitutional contrary to law and without jurisdiction quash the same and consequently direct the Respondents not to interfere with the rights of the Petitioner in any manner over the residential site bearing Plot No.125 of Yendada Layout admeasuring 1280 Sq. yards covered by Sy.No.113 Carved 180 of Yendada Village of Visakhapatnam Rural Visakhapatnam District and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case.” 2. On 18.02.2015, when the matter came up for admission, this Court, after hearing the submissions, passed the following interim order. “it is stated by the learned counsel for the petitioner that in similar circumstances, this Court passed interim order on 23.12.2014 in WP.MP.No.49311 of 2014 in W.P.No.39311 of 2014 and the same is not disputed by the learned Assistant Government Pleader for Municipal Administration. Following the reasons stated in the above said order, Status Quo in all respect shall be maintained by sides in respect of the subject land. However, this will not preclude the competent authority form initiating civil proceedings for cancellation of registration of the subject plots before the jurisdictional civil Court.” 3. Heard Sri S.A.V. Ratnam, learned counsel for the petitioners and Sri V. Surya Kiran Kumar, learned Standing Counsel appearing for the respondents. 4. Today, when the matter came up for hearing, learned Standing Counsel submitted written instructions, wherein it is stated that the respondents have already filed Civil Suit O.S.No.616 of 2016 on the file of the II Additional Senior Civil Judge, Visakhapatnam seeking cancellation of sale deed executed in favour of the petitioner herein to the extent Plot Nos.125 in Sy.No.1P Carved 180 of Yendada Village of Visakhapatnam Rural, Visakhapatnam District only. 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 petitioner, 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 civil Suit O.S.No.616 of 2016 seeking cancellation of sale deed executed in favour of the petitioner, 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 R.C.No.6669/06/1-1/ANN-II/9 dated 05.07.2014. However, cancellation of allotment shall be subject to the result of the O.S.No.616 of 2016 on the file of the II Additional Senior Civil Judge, Visakhapatnam. The concerned Civil Court is directed to decide the civil suit pending before it on its own merits without being influenced by the order passed this Court in the present writ petition. No costs. The miscellaneous petitions pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 23.01.2025 ANS 222 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3186/2015 Date: 23.01.2025 ANS