M/S Kumar Sai Developers and Builders, v. The State of Andhra Pradesh,
WP/25415/2025 · 2025-09-22
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48684 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48684 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010481732025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25415/2025 Between:
1. M/S KUMAR SAI DEVELOPERS AND BUILDERS,, REP BY ITS PARTNER, SRI NALLURI RAVI KUMAR, S/O VENKAIAH, AGED ABOUT 53 YEARS, PERNAMITTA, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. 3. THE ONGOLE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, ONGOLE, PRAKASAM 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of writ of mandamus to declare the action of the Respondents in not reconveying the land admeasuring Ac. 1-16 Cents with respect to the survey no. 310/7, situtated in pernimitta Village, Ongole, Prakasam District, by cancelling Gift Deed dt. 21-09- 2022 bearing document no. 4417 of 2022, obtained in pursuance of G.O.MS 145 MA and UD Department Dt. 16-12-2021, inspite of the fact that the 1st respondnets has withdrawn the G.O. MS. 145 MA and UD Department Dt. 16-12-2021 by
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issuing G.O. MS. 13 MA and UD Department dt. 25-01-2023 as illegal, arbitrary and violative of principles of natural justice and contrary to law and consequently direct the respondents to reconvey the admeasuring Ac. 1-16 Cents in survey no. 310/7, situtated in pernimitta Village, Ongole, Prakasam District by cancelling Gift Deed dt. 29-09-2022 bearing document no. 4417 of 2022 in view of G.O. MS. 13 MA and UD Department dt. 25-01-2023 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 direct the respondents to reconvey the admeasuring Ac. 1-16 Cents in survey no. 310/7, situtated in pernimitta Village, Ongole, Prakasam District by cancelling Gift Deed dt. 29-09-2022 bearing document no. 4417 of 2022 in view of G.O. MS. 13 MA&UD Department dt. 25-01-2023 Counsel for the Petitioner:
1. M.S.BANU PRASAD RAO Counsel for the Respondent(S):
1. GP FOR REVENUE
2.
GP MUNCIPAL ADMN AND URBAN DEV AP
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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25415 of 2025 ORDER:
1. The petitioner is aggrieved by the inaction on the part of the respondent authorities in not reconveying the land admeasuring Ac.1.16 cents with respect to the survey No.310/7, situated in Pernimitta Village, Ongole, Prakasam District, by cancelling gift deed, dated 21.09.2022 bearing Document No.4417 of 2022, obtained in pursuance of G.O.Ms.no.145, MA and UD Department, dated 16.12.2021, inspite of the fact that the 1st respondent has withdrawn the G.O.Ms.No.145 MA and UD Department, dated 16.12.2021 by issuing G.O.Ms.No.13 MA and UD Department dated 25.01.2023. 2. It is submitted that the proposal for acquiring 5% of the layout area for EWS Housing Projects purposes was subsequently withdrawn by the State, thereby withdrawing the conditions stipulated in G.O.Ms.No.145, dated
06.12.2021. It is further submitted that several writ petitions were filed and considered by this Court, and, on account of the withdrawal of G.O.Ms.No.145, dated 06.12.2021, the gift deed executed by various developers for 5% of the layout land were reconveyed pursuant to directions issued by this Court. 3. The Division Bench of this Court, in W.P.No.5014 of 2022, permitted the petitioner therein to deposit the equivalent value of land in compliance with the conditions of G.O.Ms.No.145, dated 06.12.2021. 4
4. It is submitted that on account of the withdrawal of G.O.Ms.No.145, the petitioner would be entitled to cancellation of Gift Deed bearing No.7080 of 2022, dated 12.09.2022. 5. Heard the learned counsel for the petitioner and the learned Standing counsel. 6. Considering that this Court had considered several writ petitions and allowed the contentions of the petitioners in view of the withdrawal of G.O.Ms.No.145, dated 06.12.2021, there shall be a direction to the respondent No.3 to cancel Document No.4417 of 2022, within a period of eight (08) weeks from the date of the receipt of this order. 7. Accordingly, the writ petition is disposed off. There shall be no order as to costs.
___________________ JUSTICE HARINATH.N Date:23.09.2025 NKA
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661 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 25415 of 2025 Date: 23.09.2025
NKA