APHC010686792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35546/2025 Between: 1. KOPPARTI SANDYA KISHORE, S/O. KOPPARTI NARSIMHA AGED ABOUT 41 YEARS, OCC- BUSINESS, R/O. D.NO. 15/489-12, BALAJI NAGAR-2, PRODUTUR TOWN, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT,SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT.522237 2. THE ANNAMAYYA URBAN DEVELOPMENT AUTHORITY, REP.BY ITS VICE CHAIRMAN/CHIEF EXECUTIVE OFFICER, KADAPA, Y.S.R. KADAPA DISTRICT.516001 3. THE DIRECTOR OF TOWN AND COUNTRY PLANNING, ANNAMAYYA URBAN DEVELOPMENT AUTHORITY, KADAPA, Y.S.R. KADAPA DISTRICT.516001 ...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 topleased to issue an appropriate Writ, order or direction more 2 particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not refunding the amount of Rs.36,87,370/- (Rupees Thirty Six Lakhs Eighty Seven Thousand Three Hundred and Seventy only) paid by the petitioner inpursuance of the G.O.Ms.No.145, MA and UD (M), Department, dated 06.12.2021, despite the fact that, the said GO is withdrawn as per G.O.Ms.No.lS, Municipal Administration and Urban Development (M) Department dated 25.01.2023 as arbitrary, illegal and contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to refund the amount of Rs.36,87,370/- (Rupees Thirty Six Lakhs Eighty Seven Thousand Three Hundred and Seventy only) paid by the petitioner inpursuance of the G.O.Ms.No.145, MA and UD (M), Department, dated 06.12.2021 and pass IA NO: 1 OF 2025 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 pleased to direct the respondents to refund the amount of Rs.36,87,370/- (Rupees Thirty Six Lakhs Eighty Seven Thousand Three Hundred and Seventy only) paid by the petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. D VIGNESHWAR REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER: The petitioner is aggrieved by the inaction of the 2nd respondent in refunding the amount of Rs.36,87,370/-, which is deposited by the petitioner in pursuance of the G.O.Ms.No.145, Municipal Administration and Urban Development, dated 06.12.2021. 2. It is submitted that the G.O.Ms.No.145, dated 06.12.2021 was subsequently withdrawn vide G.O.Ms.No.13, Municipal Administration and Urban Development, dated 25.01.2023. 3. It is submitted that the petitioner sought for refund of the amount deposited in pursuance of the requirements of G.O.Ms.No.145, dated 06.12.2021. 4. It is submitted that once the G.O.Ms.No.145, dated 06.12.2021, stood withdrawn, the respondents could not have retained the amount deposited by the petitioner in pursuance of the G.O.Ms.No.145. In this regard, the petitioner submitted several representations seeking release of the said amount. However, the respondents neither considered nor passed any orders in that regard. 5. It is submitted that this Court considered similar writ petitioners and allowed the Writ Petitions, directing the respondents to release the amounts. In some cases, 5 % of the area gifted in view of deposit was directed to be 4 reconveyanced. Reliance is placed on the Orders passed in W.P.Nos.8982 of 2024 and batch. 6. Following the same, the learned counsel for the petitioner submits that the case of the petitioner herein also stands on par with the other petitioners, whose cases have been considered and the Writ Petitions were allowed. 7. The learned Assistant Government Pleader appearing for the respondents submits that the grievance of the petitioner has already been considered by this Court in other batch of Writ Petitions and that the case of the petitioner herein could also be considered in terms of the Orders passed by this Court in the earlier batch of Writ Petitions. 8. Considering the submissions and following the Orders of this Court in the other batch of Writ Petitions, the claim of the petitioner is hereby allowed and the respondents are directed to release the amount of Rs.36,87,370/-, which was deposited by the petitioner in terms of the G.O.Ms.No.145, Municipal Administration and Urban Development, dated 06.12.2021. Non-refund of the said amount on the ground that the G.O.Ms.No.13, Municipal Administration and Urban Development, dated 25.01.2023 does not satisfy as to how to deal with the amount deposited, cannot be a ground for the respondent-authorities to retain the said amount. 5 9. On these considerations, the Writ Petition is allowed, directing the respondents to release the amount of Rs.36,87,370/-, within a period of twelve (12) weeks from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 6 201 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.35546 of 2025 Date: 23.12.2025 SCH