Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48808 (AP)

SWATHI PROMOTERS PVT LTD v. THE STATE OF ANDHRA PRADESH

WP/26207/2025 · 2025-09-22

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010490022025 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: 26207/2025 Between: 1. SWATHI PROMOTERS PVT LTD, HAVING ITS REGD. OFFICE AT D.NO. 50-121- 63/3, BALAYYA SASTRY LAYOUT, SEETAMMADHARA, P AND T COLONY, VISAKHAPATNAM - 530 013 REP. BY ITS CHAIRMAN MEDAPATI KRISHNA REDDY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT SECRETARIAT BUILDING,VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, A.P., OFFICE AT PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADDESWARAM 522 502, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, EAST GODAVARI AT RAJAMAHENDRAVARAM - 533 124 4. RAJAMAHENDRAVARAM URBAN DEVELOPMENT AUTHORITY RUDA, SESHAYYA METTA, RAJAMAHENDRAVARAM - 533 104, EAST GODAVARI DISTRICT, REP. BY ITS VICE-CHAIRMAN, ...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 a writ order or direction more particularly one in 2 the nature of Writ of Mandamus, declaring the action of the Respondents in not re-conveying the land admeasuring Ac. 0.72 Cents situated in RS.No. 420/1, Velugubanda Village, Rajanagaram Mandal, East Godavari District by cancelling the Gift Deed bearing Document No. 10552 of 2022 of SRO Rajanagaram, dated 10-10-2022 executed in favour of the 3rd respondent in pursuance of G.O. Ms. No. 145 MA and UD Department, Dated 06-12-2021 even after withdrawal of the said G.O. by issuing G.O. Ms.No. 13 MA and UD Department, Dated 25-01-2023 as illegal, arbitrary and unjust and consequently direct the Respondents to re-convey the land admeasuring Ac. 0.72 Cents situated in RS.No. 420/1, Velugubanda Village, Rajanagaram Mandal, East Godavari District by cancelling the Gift Deed bearing Document No. 10552 of 2022 of SRO Rajanagaram, dated 10-10-2022 in terms of G.O.Ms.No. 13 MA and UD dept.. Dated 25-01-2023 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 respondent to consider the representation of the petitioners dated 17.03.2025 to issue Ryotwari Patta by conducting the resurvey of the land situated at Pondalur Venkatampalli Revenue Village at Penagalur Mandal of Annamayya District Erstwhile Kadapa District, pending disposal of Writ Petition, and to pass Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26207 of 2025 ORDER: 1. The petitioner is aggrieved by the inaction on the part of the respondent authorities in cancelling the gift deed bearing No.10552 of 2022 of SRO Rajanagaram, dated 10.10.2022 which was executed in favor of the 3rd respondent in pursuance of G.O.Ms.No.145 MA and UD Department, dated 06.12.2021. 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. 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. 4 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 Gift Deed bearing No. 10552 of 2022 of SRO Rajanagaram, dated 10.10.2022, 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 5 660 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26207 of 2025 Date: 23.09.2025 NKA