V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 38482 OF 2015 Between: 1. Ponnam Padmavathi (Died), W/o. Late P.Seetha Ramaiah, Aged about 75 years, Occ: House Wife, R/o. H.No. 10-44, Thullur Village, Mandal Post, Guntur District - 522 237. Ponnam Chandra Sekhara Rao, S/o. Late Sita Ramaiah, Aged about 65 years, R/o. D.No. 10-49, Thulluru Village and Mandal, Guntur District 522237. 2. (Petitioner No.2 is brought on record as L.R of the deceased sole petitioner as per the Court order dt.21.10.2024 vide orders passed in I.A.No. 01 of 2024) ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development Dept., Secretariat Building, Saifabad, Hyderabad. The Commissioner, Andhra Pradesh Capital Region Development Authority, Thulluru, Guntur District, Andhra Pradesh. The District Collector, Guntur District, Andhra Pradesh. The Special Grade Deputy. Collector &, Competent Authority, AP CRDA LPS Unit-14, Thulluru Village and Mandal, Guntur District. Moturu Narasimha Rao, S/o.Late Sarangapani, Aged about 65 years, R/o.Rayapudi Village, Thulluru Mandal, Guntur District. Moturu Prabhakar Rao, S/o. Late Sarangapani, Aged about 63 years. R/o.Rayapudi Village, Thulluru Mandal, Guntur District. 1. 2. 3. 4. 5. 6. f, Sambasiva Rao Rnnm p ^ Mahendra and mahendra Show Room, Gollapudi Village, Vijayawada, Krishna District. ^ R/o Sarangapani, Aged about 58years, R/o.Rayapudi Village, Thulluru Mandal, Guntur District. 9. Moturu Rama Mohana Rao @ Chitti Babu, S/olate Sarangapani about 59 years, R/o.Rayapudi Village, Thulluru Mandal, Guntur . Aged District. lO.The Andhra Pradesh Capital Region, Development Authority Rep bv Commissioner, Thullur, Guntur District. its (R10 is impleaded as per C.O.dt.26/04/2022 in lA.No 2/2015 (WPMP.51078/2015) ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondent Nos.2 and 4, in not paying annuity amount for the land belonging to the petitioner admeasuring Acr.1.03 72 cts situated in D.No.110/E3 of Rayapudi Village, Thulluru Mandal, Guntur District which may was taken over by the respondents No.2 to 4, payable to the petitioner, as per Rule 5 of The A.P. Capital City Land Pooling Scheme (Formulation and Implementation) Rules spite of receiving application in Form-9.3 on 15.04.2015 handing possession and ignoring .the Judgment and Decree dated 18.09.2009 2015, in over passed by the Competent Civil Court in O.S.No.319 of 2008 on the file of the Court of Senior Civil Judge, Mangalagiri, as confirmed in A.S.No.454 of 2009 vide Judgment dated 14.06.2010 on the file of the District Judge, Guntur, against the respondents No.5 to 9, while granting Decree for holding title and Permanent Injunction, conferring right of enjoyment , as 'bad, illegal, contrary to provisions of The A.P. Capital Region Development Authority Act, 2014 r/w Rule 8 and offends Articles 14 and 300-A of Constitution of India and consequently to direct the respondents Nos.2 and 4 to pay annuity amount to the petitioner for the said land. LA. NO: 1 OF 2015(WPMP. LA. NO: 1 OF 2015(WPMP. NO: 49539 OF 2015) Petition under Section 151 GPC 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 Nos.2 & 4 to pay annuity amount to the petitioner for the land admeasuring Acr.1.03 >2 cts situated in D.No.110/E3 of Rayapudi Village, Thulluru Mandal, Guntur District, in pursuance of Official Receipt of Application in Form -9.7 vide proceedings No.874/Ryp.1/unit-14 dated 15.04.2015, pending disposal of the Writ Petition. Counsel for the Petitioners: SMT. V. HIMA BINDU FOR SRI V. V. N. NARASIMHAM Counsel for the Respondent Np.1: GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 10: SRI KASA JAGAN MOHAN REDDY, SC FOR APCRDA Counsel for the Respondent Nos.3 & 4: GP FOR REVENUE Counsel for the Respondent Nbs.5 to 7 & 9: SRI G. VASANTHA RAYUDU The Court made the following: ORDER 19 APHC010049112015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 38482/2015 Between: 1.PONNAM PADMAVATHI (DIED), W/0. LATE P.SEETHA RAMAIAH, AGED ABOUT 75 YEARS, OCC HOUSE WIFE, R/0. H.NO.10-44, THULLUR VILLAGE, MANDAL POST, GUNTUR DISTRICT - 522 237. 2.PONNAM CHANDRA SEKHARA RAO,, S/0 LATE SITA RAMAIAH, AGED ABOUT 65 YEARS, R/0 D.NO.10-49, THULLURU VILLAGE AND MANDAL , GUNTUR DISTRICT 522237. PETITIONER N0.2 IS BROUGHT ON RECORD AS L.R OF THE DECEASED SOLE PETITIONER AS PER THE COURT ORDER DT.21.10.2024 VIDE ORDERS PASSED IN I.A.NO. 01 OF 2024. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPT., SECRETARIAT BUILDING, SAIFABAD, HYDERABAD. 2. THE COMMISSIONER, ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, THULLURU, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE SPECIAL GRADE DEPUTY COLLECTOR, COMPETENT AUTHORITY, AP CRDA LPS UNIT- 14, THULLURU VILLAGE AND MANDAL, GUNTUR DISTRICT. 5. MOTURU NARASIMHA RAO, S/0.LATE SARANGAPANI, AGED ABOUT 65 YEARS, R/O.RAYAPUDI VILLAGE, THULLURU MANDAL, 2 % GUNTUR DISTRICT. 6 MOTURU PRABHAKAR RAO, S/0. LATE SARANGAPANI, AGED ABOUT 63 YEARS. R/O.RAYAPUDI VILLAGE, THULIUM MANDAL, GUNTUR DISTRICT. LAKSHMI RATNA KUMARI, W/0. 7. MOTURU RATNA KUMARI SAMBASIVA RAO, AGED ABOUT 57 YEARS, R/O.OPP; TO MAHENDRA AND MAHENDRA SHOW ROOM VILLAGE, VIJAYAWADA, KRISHNA DISTRICT. GOLLAPUDI 8. MOTURU KRISHNA RAO, S/0. LATE SARANGAPANI, AGED ABOUT 58YEARS. R/O.RAYAPUDI VILLAGE GUNTUR DISTRICT. THULLURU MANDAL, CHITTI BABU, S/OLATE 9. MOTURU RAMA MOHANA RAO SARANGAPANI, AGED ABOUT 59 YEARS, R/O.RAYAPUDI VILLAGE, THULLURU MANDAL, GUNTUR DISTRICT. 10.THE ANDHRA PRADESH CAPITAL REGION, DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER, THULLUR, GUNTUR DISTRICT. RIO IS IMPLEADED AS PER C.O.DT.26/04/2022 IN IA.NO.2/2015(WPMP.51078/2015) ...RESPONDENT{S); 3 % THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.38482 OF 2015 ORDER: The present Writ Petition is filed questioning the action of respondent Nos.2 and 4 in not paying the annuity amount for the land of an extent of Ac.1.03 >2 cents situated in D.No.110/E3 of Rayapudi Village, Thulluru Mandal, Guntur District which was taken over by the respondent Nos.2 to 4 payable to the petitioner as per Rule 5 of The A.P. Capital City Land Pooling Scheme (Formulation and Implementation Rules), 2015, though the petitioner has executed requisite forms. 2. Learned counsel for the petitioner submits that petitioner’s mother Moturu Seetharavamma acquired the land admeasuring Ac.2.83 72 cents in D.NO.110/E3, Rayapudi Village, Thulluru Mandal, Guntur District under Registered Will deed dated 11.02.1976. As the mother of the petitioner had stayed with the petitioner during her lifetime, she had executed a Registered Settlement Deed on 27.10.1998 in favour of the petitioner, whereunder an extent of Ac.1.03 72 cents out of Ac.2.83 7 cents was settled in favour of the petitioner. 3. There were disputes between the petitioner and respondent Nos.5 to 9 and the registered settlement deed dated 27.10.1998 was cancelled through a registered cancellation deed dated 10.11.2003. Questioning the illegal 4 cancellation and the registered settlement deed, the petitioner filed O.S.No.319 of 2008 before the learned Senior Civil Judge, Mangalagiri A seeking to declare the cancellation deed as in valid and consequently to grant permanent injunction. Pursuant to trial, suit was decreed in favour of the petitioner on 18.09.2009. Subsequently, the judgment of the trial Court was confirmed in 4. A.S.No.454 of 2009 by the District Judge, Guntur on 14.06.2010. S.A.No.1283 of 2010 filed before this Court was also dismissed on 07.02.2013. In view of the adjudication in the Civil Court, the registered settlement 5. deed dated 27.10.1998 in favour of the petitioner had obtained finality. In the interregnum, petitioner consented for land pooling under the rules referred above. However, the grievance of the petitioner is that the respondent authority was not paying annuity to the petitioner as was being given to all other similarly situated persons. Hence the writ petition is filed. No counter is filed even after lapse of 10 years. 6. Heard Smt. V.Hima Bindu, learned counsel representing Sri V.Venugopala Rao, learned counsel for the petitioner and learned counsel for the respondents. In the light of the judgment of the Civil Court, the title of the petitioner to 7. the extent of Ac.1.03 14 cents in D.No.110/E3 obtained finality and as the petitioner had consented for the land to be taken under the land pooling scheme and requisite forum, it would be appropriate for respondent authorities 5 to re-examine this aspect and grant annuity as granted to similarly placed persons under the land pooling rules within a period of eight (08) weeks from receipt of web copy of this order. The Writ Petition is accordingly disposed of. There shall be no order as 8. to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR |\|V //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Dept., State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Andhra Pradesh Capital Region Development Authority, Thulluru, Guntur District, Andhra Pradesh. 3. The District Collector, Guntur District, Andhra Pradesh. 4. The Special Grade Deputy. Collector &, Competent Authority, AP CRDA LPS Unit-14, Thulluru Village and Mandal, Guntur District. 5. The Commissioner, Andhra Pradesh Capital Region, Development Authority, Thullur, Guntur District. 6. One CC to Sri V. V. N. Narasimham, Advocate [OPUC] 7. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [GUT] 8. One CC to Sri Kasa Jagan Mohan Reddy, SC for APCRDA (OPUC) 9. One CC to Sri G. Vasantha Rayudu, Advocate [OPUC] lO.Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT 11.Three C.D. Copies. Cnr(gsg) HIGH COURT DATED:30/04/2025 ORDER £>' WP.No.38482of2015 3 2 3 JUN 2025 irrentSecto DISPOSING OF THE W.P. WITHOUT COSTS