Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51831 (AP)

D D CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/4563/2024 · 2025-12-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010080542024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4563/2024 Between: 1. D D CONSTRUCTIONS, PLOT NO. 17, VENKATADRI GARDENS, BOMMURU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT, REP.BY ITS PARTNER, M.RAJESH BABU, S/O.M.SUBBA RAO. 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. RAJAMAHENDRAVARAM URBAN DEVELOPMENT AUTHORITY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, REP.BY ITS VICE CHAIRMAN 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 tomay pleased to issue a Writ, Order or Direction, more particularly on the action of the respondents in not returning the amount of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4563/2024 D D CONSTRUCTIONS, PLOT NO. 17, VENKATADRI GARDENS, BOMMURU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT, REP.BY ITS PARTNER, M.RAJESH BABU, S/O.M.SUBBA RAO. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, , REP. BY ITS SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR RAJAMAHENDRAVARAM URBAN DEVELOPMENT AUTHORITY, RAJAMAHENDRAVARAM, 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 tomay pleased to issue a Writ, Order or Direction, more particularly one in the nature of Mandamus, declaring the action of the respondents in not returning the amount of IN THE HIGH COURT OF ANDHRA PRADESH [3457] MONDAY,THE TWENTY SECOND DAY OF DECEMBER D D CONSTRUCTIONS, PLOT NO. 17, VENKATADRI GARDENS, BOMMURU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT, REP.BY ITS PARTNER, ...PETITIONER THE STATE OF ANDHRA PRADESH, , REP. BY ITS SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR RAJAMAHENDRAVARAM URBAN DEVELOPMENT AUTHORITY, RAJAMAHENDRAVARAM, EAST GODAVARI ...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 tomay pleased to issue a Writ, Order or e in the nature of Mandamus, declaring the action of the respondents in not returning the amount of Rs.56,29,285/- (Rupees Fifty Six Lakh Twenty Nine Thousand Two Hundred and Eighty Five only) paid by the petitioner towards the basic value of 5 percent of the layout area, as per the G.O.Ms.No.l45, MA and UD Dept., dt.06.12.2021, despite the withdrawal of the G.O.Ms.No.l45 by issuing G.O.Ms.No.13, MA and UD Dept., dt.25.01.2023, as illegal, arbitrary, without jurisdiction, and violative of Articles 14, 19 (l)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to return the amount of Rs.56,29,285/- (Rupees Fifty Six Lakh Twenty Nine Thousand Two Hundred and Eighty Five only) paid by the petitioner towards the basic value of 5percent of the layout area, as per the G.O.Ms.No.l45, MA and UD Dept., dt.06.12.2021, and pass such IA NO: 1 OF 2024 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 may be pleased to direct the respondents to return the amount of Rs.56,29,285/- (Rupees Fifty Six Lakh Twenty Nine Thousand Two Hundred and Eighty Five only) paid by the petitioner towards the basic value of 5% of the layout area, as per the G.O.Ms.No.l45, MA&UD Dept., dt.06.12.2021, pending disposal of writ petition and pass such Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. KOMMASANI SRINIVASULA REDDY SC FOR URBAN DEVELOPMENT AUTHORITIES The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.4563 OF 2024 ORDER: 1. The present writ petition is filed aggrieved by the inaction on the part of the respondent authorities in not returning the amount of Rs.56,29,285/- paid by the petitioner towards the basic value of 5% of the layout area, as per the GOMs.No.145, MA&UD Dept., 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 petitioner is entitled for the said amount 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 for an amount of Rs.56,29,285/-. 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 petitioner in view of the withdrawal of G.O.Ms.No.145, dated 06.12.2021, there shall be a direction to the respondent No.2 to return an amount of Rs.56,29,285/- to the petitioner, which was paid by the petitioner towards the basic value of 5% of the layout area, 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. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Dated 22.12.2025 KGM 196 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.4563 of 2024 Date: 22.12.2025 KGM