APHC010038752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2109/2025 Between: M/s. Sreekari Developers, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. A VARALAKSHMI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2109/2025 ORDER: The present Writ Petition is filed seeking the following relief: “ to declare the action of the respondents in not taking any action for cancellation and release of the 5% site to an extent of Ac.1.84 cents under the Gift Deed vide document No. 15939 of 2022, dated 19.11.2022 site executed by the Petitioners as in pursuance of the GO Ms. No.13 of Municipal Administration and Urban Development Department dated 25-01-2023 as earlier GO vide GO.Ms. No. 145 Municipal Administration and Urban Development Department, dated 06. 12.2021 issued by the 1st respondent is withdrawn as being illegal, arbitrary, unconstitutional and in violation of Articles Nos. 14, 19 (1) (g), 300-A of the Constitution of India and consequently direct the respondents to cancel and release the 5% of site under the Gift deed vide document no. 15939 of 2022 dated 19-11-2022”. 2. The case of the Petitioners is that the Petitioners submitted an application to the Respondent Authorities for forming a layout in an extent of Ac.36.7612 cents of land in Sy.Nos.77/2, 77/2B, 77/2A2, 78/1A1, 781A2/ 78/1B, 78/2, 78/3, 78/4, 79/1A, 79/1B, 79/1C1/ 79/1C2, 79/2, 79/3, 79/4, 80/1, 80/2, 80/3, 87/2P1 of Vengamukkapalem Village, Ongole Municipal Corporation, Ongole. 3 3. Respondent Authorities on examination of the proposal instructed the Petitioners to provide 5% additional land for YSR Jagananna Housing Projects as required under the Andhra Pradesh Land Development (Layout and Sub Division), Rules, 2017 as mandated vide G.O.Ms.No.145, dated 06.12.2021. Accordingly, the Petitioners executed a registered Gift Deed dated 19.11.2022 vide registered Document No.15939 of 2022 for an extent of Ac.1.84 cents in favour of YSR Jaganna Housing Projects. 4. Subsequently, an amendment was brought in to Andhra Pradesh Land Development (Layout and Sub Division) Rules, 2017 and the G.O.Ms.No.145, dated 06.12.2021 was “withdrawn” vide G.O.Ms.No.13, dated 25.01.2023. As the requirement of 5% of land developed for Government was “withdrawn”; the present Writ Petition was filed for reconveyance of land. 5. Learned counsel for the Petitioners while placing reliance on the Judgments of this Court in W.P.Nos.8312 of 2023, dated 04.04.2023 and W.P.No.8982 of 2024 and batch, dated 12.12.2024 contended that this Court in similar scenario directed the Respondent Authorities to re-conveying the Gift Deeds executed by the individuals. 4 6. Learned Government Pleader did not refute the contention of the Petitioner. He further submitted that no appeals had been filed on the above mentioned Writ Petitions. 7. Having heard the respective counsel, this Court is inclined to dispose of the present Writ Petition in terms of the judgments referred above. 8. Accordingly, the Writ Petition is allowed with following directions: i) The Respondent Authorities shall cancel the Gift Deed vide Document No.15939 of 2022, dated 19.11.2022 executed by the Petitioners within a period of twelve weeks from the date of receipt of a copy of this Order; and ii) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ NYAPATHY VIJAY, J. Date: 25-06-2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.2109 of 2025 Dt.25-06-2025 U eha