1 HN, J W.P.No.4800_2024 APHC010087152024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4800/2024 Between: 1. BUDDHA INFRA PROJECTS, DOOR NO.87/1 -137-1, GOUTHAM BUDDHA TOWNSHIP, PUTLAMPALLI, KADAPA CITY, Y.S.R. DISTRICT REP., ITS MANAGING PARTNER, GUMMA RAJENDRA REDDY, S/O. GUMMA VENKATA SUBBA REDDY, AGED ABOUT 51 YEARS ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT. 2. KADAPA MUNICIPAL CORPORATION, YSR DISTRICT, KADAPA REP BY COMMISSIONER 3. THE DISTRICT COLLECTOR, Y.S.R DISTRICT, KADAPA. ...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Endorsement in Roc.No.T2180/G 1/2023, dated07.06.2023 issued by the respondent No.2 informing that, there are no specific orders from the respondent No.1 to cancel the registered Gift Deed, dated 27.1.2022 registered as Document No. 2 HN, J W.P.No.4800_2024 13025/2022 executed in favour of the respondent No.3 in accordance with G.O.Ms.No.145, MA and UD (M), Dept., dated 06.12.2021, even though, the same is withdrawn as per G.O.Ms.No.13, Municipal Administration and Urban Development (M) Department, dated 25.01.2023 as arbitrary, illegal and contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 3 00-A of the Constitution of India and consequently direct the respondents to present a Deed of Cancellation for cancellation of the registered Gift Deed, dated 27.12.2022 registered as document No. 13025/2022 executed in favour of the respondent No.3 by duly setting aside the Endorsement in Roc.No.T2180/G1/2023, dated 07.06.2023 issued by the respondent No.2 and pass 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 pleased to direct the re-consider the letter, dated 10.04.2023 submitted to the respondent No.2 for cancellation of the registered Gift Deed, dated 27.122022 registered as document No. 13025/2022 executed in favour of the respondent No.3 by suspending the Endorsement in Roc.No.T2180/G 1/2023, dated 07.06.2023 issued by him, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. GP FOR REVENUE 3 HN, J W.P.No.4800_2024 ORDER: 1. The petitioner is aggrieved by the inaction on the part of respondent Nos.1 and 2 in issuing the endorsement dated 07.06.2023, whereby the 2nd respondent had refused to cancel the registered gift deed on the premise that there were no specific orders from the Government. 2. It is submitted that the petitioner, in pursuance of G.O.Ms.No.142, dated 06.12.2021, had executed a gift deed in favor of the 3rd respondent. The said G.O was issued for handing over additional 5% of layout area to the District Collector by utilization for Y.S.R. Jagananna Housing Scheme for the poor. A gift deed dated 27.12.2022 was executed by the petitioner in favor of the 3rd respondent. It is submitted that the State had subsequently withdrawn G.O.Ms.No.145, thereby rendering the 5% of land gifted to the 3rd respondent ineffective, though the perpetuity and performance of the G.O was withdrawn by the State. The respondents, in their counter affidavit, have submitted that G.O.Ms.No.13, dated 25.01.2023, was issued withdrawing G.O.Ms.No.145, MA and UD (M), Dept., dated 06.12.2021. The respondents in their counter affidavit submit that subsequent withdrawal of the G.O cannot retrospectively affect the validity of transactions conducted during the prevailing law and regulation at that time. It is also stated in the counter that the gift deed was executed in compliance with G.O.Ms.No.145 for obtaining layout permission. As such, it is stated in the counter that the petitioner cannot reclaim the gifted property as the same is now the property of the State. 4 HN, J W.P.No.4800_2024 3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4. The G.O.Ms.no.145 was subsequently withdrawn, which mandated execution of the gift deed in favor of the 3rd respondent. The proposal to construct housing for the poor at that particular locality was also not proceeded further. It is also submitted that the Government has taken possession of the property which was gifted by the petitioner. As G.O.Ms.No.145, MA and UD (M), Dept., dated 06.12.2021 was withdrawn, no further purpose would be served in retaining the gifted portion of land by the petitioner. More so, when the land was gifted for obtaining the layout permission for constructing a housing colony. Now that the proposal was shelved, the gifted portion of land ought to be restored to the donor. 5. On these considerations, this Court is of the considered view that the 3rd respondent and the petitioner shall execute a deed of cancellation of gift before the concerned Sub-Registrar’s office within a period of four (04) weeks from the date of the receipt of this order. 6. Accordingly, the writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:20.08.2025 NKA 5 HN, J W.P.No.4800_2024 224 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4800 of 2024 Date: 20.08.2025 NKA