IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) a WEDNESDAY, THE TWELFTH DAY OF FEBRUARY fP, TWO THOUSAND AND TWENTY FIVE K PRESENT vd THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3523 OF 2025 Between: M/s Yelamanchili Dairy Ltd., having its registered office at D.No. 18-197, Opp VUDA Apartments, HB Colony Post, Seethammadhara, Visakhapatnam 530022 Represented by its Director Yelamanchili Venkateswara Rao, s/o Y. Lakshmi Narasimha Rao aged about 65 years, r/oD.No. 18-197, Opp VUDA Apartments, HB Colony Post, Seethammadhara, Visakhapatnam 530022 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Industries Department), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh 2. Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC), having its corporate office at APIIC Towers, Plot No-1 (9th, 10th and 11th floors), IT Park, Mangalagiri, Guntur (Dist), Andhra Pradesh 522503 Represented by its Managing Director APIIC Towers, Plot No-1 (9th, 10th and 11th floors), IT Park, Mangalagiri, Guntur (Dist), Andhra Pradesh 522503 3. The Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC), Industrial Estate, Kusalapuram Village Srikakulam, Andhra Pradesh 532410 •< 4. The District Collector, Collectorate Complex, Main Road VizianagaramContonment, Vizianagaram District 535003 5. The Revenue Divisional Officer, Revenue Divisional Office, Contonment, Vizianagaram District 535003 6. The Tahsildar, Gajapathinagaram, Vizianagaram District 7. Andhra Pradesh Food Processing Society, Represented by its authorized signatory Govt, of Andhra Pradesh D.No. 48-11/1-5/8 Gadde Sambasiva Rao street, Sri Rama Chandra Nagar, Vijayawada 520008 NTR District, Andhra Pradesh ...Respondents 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 to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the impugned notice dt. 17-01-2025 issued by the respondent no.3 under which the petitioner was threatened with action without any further notice which implies interference with the activities of the petitioner and continuing the attempts of interference despite the reply dt.25-01-2025 given by the petitioner, as highly illegal, arbitrary, highhanded and without jurisdiction and in utter violation of the terms and conditions of the allotment and alienation in the form of the registered sale deed vide doc.no2944/2018 dated 24th April 2018 in favour of the petitioner and without completing the mutation of the land under the said sale deed in favour of the petitioner and in violation of the provisions of APIIC Act, Transfer of Property Act besides in violation of the principles of natural justice also in violation of Article 14, 21, 300A of the Constitution of India and consequentially to set aside the impugned notice with a direction to the respondents not to interfere with the developmental activities under taken by the petitioner under the project and with the peaceful possession and enjoyment of the petitioner lA NO! 1 OF 2025 that in the circumstances under Section 151 CPC praying the affidavit filed in support of the petition . 2 to 7 not to take any Petition , the High Court may be coercive steps of stated in pleased to direct the respondent no interference with the deveiopmentai activities under the project and with the peacefui possession and ° an extent of Acs.40.00 cents in Sy.no.537/1 to the impugned notice dated 17-01-2025 under taken by the petitioner petitioner company situated in (old Sy.No.329/4) pursuant pending disposal of the above writ petition ; SRI K V RAJENDRA PRASAD for industries commerce Counsel for the Petitioner Counsel for the Respondent No.1: GP Counsel for the Respondents No.2 3"^ 3 Counsel for Industrial Corporation : SRI G RAMA CHANDRA RAO, Standing Counsel for the Respondents Counsel for the Respondent No.7: — Court made the following: Order No.4 to 6: GP FOR REVENUE The APHC010066762025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (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: 3523/2025 Between; ...PETITIONER M/s Yelamanchili Dairy Ltd., AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1, K V RAJENDRA PRASAD Counsel for the Respondent(S); 1.GP FOR REVENUE 2.GP FOR INDUSTRIES COMMERCE The Court made the following; W.P.No.3523 of 2025 Dt:12.02.2025 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3523/2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “....pleased to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the impugned notice dt. 17-01-2025 issued by the respondent no.3 under which the petitioner was threatened with action without any further notice which implies interference with the activities of the petitioner and continuing the attempts of interference despite the reply dt.25-01- 2025 given by the petitioner as highly illegal, arbitrary, highhanded and without jurisdiction and in utter violation of the terms and conditions of the allotment and alienation in the form of the registered sale deed vide doc.no.2944/2018 dated 24^ April 2018 in favour of the petitioner and without completing the mutation of the land under the said sale deed in favour of the petitioner and in violation of the provisions of APIIC Act, Transfer of Property Act besides in violation of the principles of natural justice also in violation of Article 14, 21, 300A of the Constitution of India and consequentially to set aside the impugned notice with a direction to the respondents not to interfere with the developmental activities under taken by the petitioner under the project and with the peaceful possession and enjoyment of the petitioner and pass...” Heard learned counsel for the petitioner and learned Standing Counsel 2. for the respondents. W.P.No.3523 of 2025 Dt:12.02.2025 1 3 3. The case of the petitioner herein is that the petitioner’s inspired by the Union and State Government' integrated dairy and milk company was s proposal for development of processing complex during the year 2016-2017. The petitioner estabiished the integrated dairy and milk processing complex under the name and styie of Yeiamanchili Dairy limited and the petitioner was allotted in Sy.No.537/1 (old Sy.No.329/4) by Gajapathinagaram Mandal with the land to an extent of Ac.40.00 cents i the respondent corporation at Marupalli Village Vizianagaram District. Pursuant to the terms of the allotment, the petitioner paid was delivered the possession of the entire amount and he through a sale deed, entire amount in favor of the name of the petitioner was not mutated i the subject property. While the the revenue records issued show-cause notice to the alleging that the petitioner i per the terms of the allotment for subject property He further submitted that though the petitioner paid the respondents regarding the subject land so far, the - - in the revenue records as the owner of petitioner is trying to get mutated his name in as the owner of the subject property, the respondents company, dated 17.01.2025 petitioner’s IS not taking steps for implementation of the which the petitioner also project submitted a without considering the said explanation, coercive steps against the petitioner. as detailed explanation dated 25.01.2025 the respondents are trying to initiate Hence, the present writ petition. W.P.No.3523 of 2025 Dt:12.02.2025 4 4. On the other hand, Sri G. Rama Chandra Rao, the learned Standing Counsel for the respondent corporation submitted that the allotment of the subject property was made with the specific objective of implementing the project in accordance with the policy developed by the corporation. It is undisputed that the petitioner has made the necessary payments and has been handed over possession of the property. Furthermore, the petitioner has been in continuous possession and enjoyment of the subject property, without any interference or hindrance from the respondents. He further submitted that regarding the mutation, the concerned Collector and District Magistrate had 1 ' already issued proceedings vide Rc. No.3210/2019/SDT-2, dated 30.10.2019 to the Tahsildar, Gajapathinagaram for mutation of the petitioner’s name in respect of the subject land in the revenue records. Therefore, the mutation, or the lack thereof, should not impede the petitioner’s ability to implement the project. The respondents will duly consider the petitioner’s explanation dated 25.01.2025, in accordance with the terms of the allotment and the allotment regulations of the corporation. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents, this Court is of the considered view that the present writ petition can be disposed of with a direction to the respondent corporation to consider the petitioner’s explanation dated 25.01.2025 within a period of four (04) weeks from today, after providing W.P.No.3523 of 2.025 Dt:12.02.2025 5 the petitioner with an opportunity for a personal hearing, and to pass a speaking of the allotment and the regulations of the the meanwhile, the respondent corporation is order in accordance with the terms respondent corporation, directed not to initiate any coercive steps against the petitioner. In Accordingly, the writ petition disposed of. There shall be no order as to 6. costs. sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER As a //TRUE COPY// To, 1. The Principal Secretary (Industries Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh 2. The Managing Director, Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC), having its corporate office at APIIC Towers, Plot No-1 (9th, 10th and 11th floors), IT Park, Mangalagiri, Guntur (Dist), Andhra Pradesh 522503, APIIC Towers, Plot No-1 (9th, 10th and 11th floors), IT Park, Mangalagiri, Guntur (Dist), Andhra Pradesh 522503 3. The Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC), Industrial Estate, Kusalapuram Village Srikakulam, Andhra Pradesh 532410 4. The District Collector, Collectorate Complex, Main Road, VizianagaramContonment, Vizianagaram District 535003 5. The Revenue Divisional Officer, Revenue Divisional Office, Contonment, Vizianagaram District 535003 6. The Tahsildar, Gajapathinagaram, Vizianagaram District 7. The Authorized Signatory, Andhra Pradesh Food Processing Society, Govt, of Andhra Pradesh D.No. 48-11/1-5/8 Gadde Sambasiva Rao street, Sri Rama Chandra Nagar, Vijayawada 520008 NTR District, Andhra Pradesh 8. One CC to SRI K V RAJENDRA PRASAD Advocate [OPUC] 9. One CC to SRI G RAMA CHANDRA RAO, Standing Counsel for Industrial Corporation Limited [OPUC] 10. Two CCS to GP FOR INDUSTRIES COMMERCE, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 12. Three CD Copies gsg high court DATED; 12/02/2025 ORDER WP.No.3523 of 2025 2 0 FEB 2025 X ^ . Current Section disposing the wp WITHOUT COSTS