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2025 DAILYLAW 44749 (AP)

M/s. Kiran Enterprises v. Andhra Pradesh Industrial Infrastructure Corporation Limited,

WP/20636/2019 · 2025-08-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

"T m \ APHC010428162019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) O I-* ■' -s, s S m TUESDAY,THE FIFTH DAY OF AUGUST Hp. 1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 2Q63fi OF 2019 •S:./ PRASAD Between: M/s. Kiran Enterprises, A Proprietary Concern Represented Sri.Kode Prabhu Kiran, by its Proprietor years, Occ- S/o. Sri.K.S.R. Anjaneyulu, aged 39 Business, having its office at Plot No.62, Road No.2, Nizampet, Bachupally, Medchal, Telangana- 500 090. ...PETITIONER AND 1. Andhra Pradesh Industrial Represented by its Vice-Chairman and Infrastructure Corporation Limited, Managing Director, APIIC - 522503. Industrial Park, MG Road (Auto Towers, Plot No.1, IT Park, Mangalagiri, Guntur District 2. The Zonal manager, APIIC Limited Nagar), Vijayawada - 520007. 3. The State of Andhra Pradesh, Represented by the Principal Secretary to Government, Industries Infrastructure and Investment, A.P. Secretariat, Velagapudi, Andhra Pradesh. ...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, direction of writ of mandamus, declaring the or order more particularly one in the nature cancellation proceedings issued by Second Respondent in Lr.No.23060/APIICA/JA/MIP/ Mallavalli/ P.No.18/298 and 18/299 dated 02.11.2019 cancelling the allotment of Plots No. 18/298 and 18/299 made to the petitioner by forfeiting the EMD paid with the application and further directing that the amount deposited shall be refunded as per Allotment Regulations despite providing the Sale Agreement vide its acknowledgment dt. 27.04.2019 as being illegal, arbitrary, without jurisdiction and in gross violation of the principles of natural justice and contrary to the letter and spirit of the Regulations framed by the First Respondent and also violative of Article 14 and 19 of the Constitution of India and further direct the First and Second Respondents to register the sale agreement by considering the representations dt. 24.08.2019, dt.10.09.2019 and 24.10.2019 made to the respondent No. 1 and 2 and in terms of the letter and spirit of the regulations framed by the 1®' respondent. lA NO: 1 OF 2019 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 suspend the proceedings issued by the Second Respondent in cancelling the allotment in Lr.No.23060/APIICA/JA/ MIP/Mallavalli/ P.No.18/298 and 18/299 dated 02.11.2019 and all further proceedings, including allotment of above plots to third parties pending the writ petition. lA NO: 1 OF 2021 Between: 1. Andhra Pradesh Industrial Infrastructure Corporation Limited, Represented by its Vice-Chairman and Managing Director, APIIC Towers, Plot No.1, IT Park, Mangalagiri, Guntur District - 522503. 2. The Zonal manager, APIIC Limited, Industrial Park, MG Road (Auto Nagar), Vijayawada - 520007. ...PETITIONERS/RESPONDENTS 1 & 2 AND 1. M/s. Kiran Enterprises, A Proprietary Concern Represented by its Proprietor Sri.Kode Prabhu Kiran, S/o. Sri.K.S.R. Anjaneyulu, aged 39 years, Occ- Business, having its office at Plot No.62, Road No.2, Nizampet, Bachupally, Medchal, Telangana- 500 090. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Represented by the Principal Secretary to Government, Industries Infrastructure and Investment, A.P. Secretariat, Velagapudi, Andhra Pradesh. ...RESPONDENT/RESPONDENT No.3 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 vacate the interim order dated 20.12.2019 passed in WP.No.20636 of 2019. Counsel for the Petitioner: M/s. SRIDEVI GANTA Counsel for the Respondent Nos.1 & 2: SRI RAMACHANDRA RAO GURRAM, SC FOR APIIC Counsel for the Respondent No.3: GP FOR INDUSTRIES AND COMMERCE The Court made the following order: ■13 1 APHC010428162019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [2692] t f TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20636/2019 Between; 1.M/S. KIRAN ENTERPRISES, A PROPRIETARY CONCERN REPRESENTED BY ITS PROPRIETOR SRI.KODE PRABHU KIRAN, S/0. SRI.K.S.R. ANJANEYULU, AGED 39 YEARS, OCC- BUSINESS, HAVING ITS OFFICE AT PLOT N0.62, ROAD N0.2, NIZAMPET, BACHUPALLY, MEDCHAL, TELANGANA- 500 090. ...PETITIONER AND INFRASTRUCTURE INDUSTRIAL PRADESH 1. ANDHRA CORPORATION LIMITED, REPRESENTED BY ITS VICE-CHAIRMAN AND MANAGING DIRECTOR, APIIC TOWERS, PLOT N0.1, IT PARK, MANGALAGIRI, GUNTUR DISTRICT - 522503. 2.THE ZONAL MANAGER, APIIC LIMITED, INDUSTRIAL PARK, MG ROAD (AUTO NAGAR), VIJAYAWADA - 520007. 3 THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE INDUSTRIES A.P. SECRETARIAT, PRINCIPAL SECRETARY TO GOVERNMENT, INFRASTRUCTURE AND INVESTMENT, VELAGAPUDI, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner; 1.MS. SRIDEVI GANTA Counsel for the Respondent(S); RAMACHANDRA RAO GURRAM SC FOR APIIC 1. 2 The Court made the tollowing: ORALORDFR- Ms. Ganta Sridevi, learned Counsel for the purpose for filing the the Petitioner has been redressed In this view of the matter, learned Counsel for the Writ Petitioner instructions, seeks to withdraw this Writ Petition. Permission granted. Accordingly, this Writ Petition is dismissed as withdrawn. the Writ Petitioner, submits that survive inasmuch as present Writ Petition does not by the Respondents. 2. on 3. 4. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. depIVregJ’strar //TRUE COPY// SECT,-ON OFFICER To 1. One CC to M/s. Sridevi Ganta, Advocate [OPUC] 2. One CC to Sri Ramachandra Rao Gurram, SC for APIIC [OPUC] 3. Two CC-s to GP for Industries and Commerce, High Court of A.P. at Amaravati[OUT] 4. Two CD Copies. ssb HIGH COURT DATED;05/08/2025 ORDER WP No. 20636 OF 2019 ' 11 NOV 2025 SsCyrrontSectjo S’ DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS