A A A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3415 OF 2025 >0 A /'W •{ ff/ 7 > Oi \ p>'> ■'/; Between: M/s SV Electrical and Electronics Manufacturing Unit, Rep. by Mallikonda Thimmasekhar, S/o. Venkatanarayana, Aged 40 R/o. years, Thanakantivaripalli Village, Mulakalacheruvu Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Industries and Commerce Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Andhra Pradesh Industrial Infrastructure Corporation (APIIC), Rep. by Its Vice-Chairman and Managing Director, Mangalagiri Guntur District, 3. Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation Limited(APIIC), Padmavathi Nilayam, C/o. Collectorate, Tirupati, Tirupati District. to ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not considering the petitioner extension of time for a period of 3 months to request dated 02.02.2025 seeking j pay the 25% amount as per proceedings dated 14.11.2024 due to delay of principles of natural the provisional allotment vide Procs. NO.46154/ZO/APIIC/TPT/EMC-I/2024, bank loan is illegal, irregular, arbitrary, violative of ‘ • 4" justice and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to extend the time for paying the said amount and not to cancel the provisional allotment of the petitioner. lA NO: 1 OF 2Q2fi 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 to direct the respondent to extend the time for a period of three months for paying 25% amount as per the provisional allotment proceedings vide Procs.No.46154/ZO/APIIC/TPT/EMC-1/2024, dated 14.11.2024 and not to cancel the provisional allotment granted in favour of the petitioner pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI PANGULURU RACHANA Counsel for the Respondent No.1: GP FOR INDUSTRIES Counsel for the Respondent Nos.2 & 3: SRI RAMA CHANDRA gurram, sc for APIIC & COMMERCE RAO The Court made the following; ORDER APHC01G064922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3415/2025 Between: M/s Sv Electrical And Electronics Manufacturing Unit ...PETITIONER AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.PANGULURU RACHANA Counsel for the Respondent(S): 1. RAMA CHANDRA RAO GURRAM 2.GP FOR INDUSTRIES COMMERCE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3415/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “ may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not considering the petitioner request dated 02.02.2025 seeking extension of time for a period of 3 months to pay the 25 percent amount as per the provisional allotment proceedings vide Procs.No.46154/ZO/APIIC/TPT/EMC-l/2024, dated 14.11.2024 due to delay of bank loan, is illegal, irregular, arbitrary violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to extend the time for paying the said amount and not to cancel the provisional allotment of the petitioner and pass such ” 2. Heard the learned counsel for the petitioner and Sri G. Rama Chandra Rao, the learned Standing Counsel for the APIIC. 3. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that, the petitioner herein is the resident of Thanakantivaripalli Village, Mulakalacheruvu Mandal, Chittoor District. He further submitted that the petitioner made an application vide ID.No.46154 dated 27.02.2024 to respondent Nos.2 and 3 requesting allotment of a site for 3 establishment of Electrical and Electronic Mobile Components Manufacturing Unit. In response, the respondents issued provisional allotment proceedings vide Procs.No.46154/ZO/APIIC/TPT/EMC-l/2024, dated 14.11.2024, wherein plot No. B/4, to an extent of Ac.1.00 cents in EMC-I, Tirupati, situated in part of Sy.No.227 of Kurukalva Village, Renigunta Revenue Mandal, Tirupati District was allotted to the petitioner. 4. It is further submitted that following the allotment, the petitioner, being from the SC category, sought financial assistance and applied for a loan at IDFC First Bank, Tirupati Branch, where a sanction letter was issued. However, the time stipulated in the provisional allotment for the payment of 25% of the land cost, amounting to Rs.15,15,390/-, is nearing expiration, i.e.. 13.01.2025. Pursuant to which, the petitioner made an application seeking extension of time for deposit of 25% of allotment cost. The 3rd respondent considered his request and granted an extension until 12.02.2025, subject to the condition that the amount be paid along with an interest @ 8% on the land cost. Since the sanctioned loan amount has not yet been disbursed by the bank, the petitioner is seeking a direction to the respondents that till the disbursement of the amount by the bank, the respondents to extend the time limit for an additional period of three (03) months for the deposit of the provisional allotment cost, until the loan is disbursed. 4 On the other hand, the learned Standing Counsel for the respondents 5. submitted that, the petitioner is seeking extension of a period of three (03) months. It is further submitted that till today, the petitioner did not choose to pay even a single pai against the provisional allotment cost even after completion of the due period i.e., on or before 13.01.2025, as per the terms of the agreement and further, at the request of the petitioner, the same was extended for one (01) more month i.e., till 12.02.2025. Despite the extension granted, the petitioner has failed to make any payment towards the allotment cost till today and moreover, the petitioner is not in a position to deposit any amount to show his bonafides or commitment towards execution of the project and requested that, let there be a direction to the petitioner for deposit of something within a short period. Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents, this Court deems it appropriate to dispose of the present writ petition directing the petitioner to deposit an amount of Rs.4,00,000/- (Four Lakhs only) within a period of two (02) weeks from today. After the deposit of the said amount to the respondents, the respondents shall consider the application of the petitioner for extension of the period of three (03) months for the deposit of the rest of the amount. Till then, the respondents are restrained from initiating any 6. 5 coercive steps against the petitioner subject to the payment of Rs.4,00,000/- (Four Lakhs only) within a period of two (02) weeks from today. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, s, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISJRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary to Government, Industries and Commerce Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Vice-Chairman and Managing Director, Andhra Pradesh Industrial Infrastructure Corporation (APIIC), Mangalagiri Guntur District, 3. The Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation Limited(APIIC), Padmavathi Nilayam, C/o. Collectorate, Tirupati, Tirupati District. 4. One CC to Sri Panguluru Rachana, Advocate [OPUC] 5. One CC to Sri Rama Chandra Rao Gurram, SC for APIIC[OPUC] 6. Two CCs to GP for Industries & Commerce, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED: 12/02/2025 ORDER WP.No.3415 Of 2025 2 FEB 2025 7x Current Section DISPOSING OF THE W.P. WITHOUT COSTS