APHC010101682014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16598/2014 Between: Smt. Gorle Nageswari ...PETITIONER AND The Government Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S A V RATNAM Counsel for the Respondent(S): 1. 2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: 2 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue a suitable writ, order or direction more particularly one in the nature of writ of mandamus declaring the show cause notice bearing No.Rc.No.6669/06/I-1/ANN-II/11 and Rc.No.6669/06/I-1/ANN-II/24 Dt.23.09.2013 issued by the 2nd Respondent as illegal, unconstitutional, contrary to law and consequently direct the Respondents not to interfere with the rights of the Petitioner in any manner over the Plot No.250-B admeasuring 147.77 Sq.yards of Rushikonda Layout covered by S.No.34 & 35 of Rushikonda Village, Visakhapatnam Rural, Visakhapatnam District, Plot No.126 admeasuring 1179.76 and Plot No.125-A admeasuring 553.33 Sq.yards of Yendada Layout covered by S.No.1P Carved 180 of Yendada Village, Visakhapatnam Rural, Visakhapatnam District…” 2. Heard Ms.S.A.V.Ratnam, learned counsel for the petitioner and Sri V. Surya Kiran Kumar, learned Standing Counsel appearing for the respondents. 3. Today, when the matter came up for hearing, learned Standing Counsel submitted written instructions, wherein it is stated that the respondents have already filed Civil Suits vide O.S.No.483 of 2018 on the file of the II Additional Senior Civil Judge, Visakhapatnam and O.S.No.86 of 2024 on the file of Principal Junior Civil Judge, Bheemunipatnam seeking cancellation of sale deed executed in favour of the petitioner herein to the extent Plot Nos.126 and 125-A in Sy.No.1P carved 180 of Yendada Village and Plot No.250/B in LP No.36/2009 in Sy.Nos.34P & 35P of Rushikonda Village, Visakhapatnam District. 4. On perusal of the said instructions submitted by the learned standing Counsel, it is clear that even without cancellation of sale deed executed in favour of the petitioner, the respondents have cancelled the allotment which in fact should have been done after cancellation of the sale deed. However, in view of the fact that the respondents have already filed civil Suits vide O.S.No.483 of 2018 and O.S.No.86 of 2024 seeking cancellation of sale deed executed in favour of the petitioner, this Court is of the opinion that the 3 impugned proceedings issued by respondent No.2 cancelling the allotment is liable to be set aside. 5. Accordingly, the writ petition is disposed of setting aside the impugned proceedings Rc.No.6669/06/I-1/ANN-II/11 and Rc.No.6669/06/I-1/ANN-II/24 Dt.23.09.2013. However, cancellation of allotment shall be subject to the result of the O.S.No.483 of 2018 on the file of the II Additional Senior Civil Judge, Visakhapatnam and O.S.No.86 of 2024 on the file of Principal Junior Civil Judge, Bheemunipatnam. The concerned Civil Courts are directed to decide the civil suits pending before them on their own merits without being influenced by the order passed by this Court in the present writ petition. No costs. The miscellaneous petitions pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 29.01.2025 JLV 4 259 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16598/2014 Date: 29.01.2025 JLV