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2026 DAILYLAW 1399 (AP)

VIJAYA STONES v. THE STATE OF AP

WP/10245/2026 · 2026-05-03

Maheswara Rao Kuncheam

body2026

Judgment text

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APHC010199332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10245/2026 Between: 1. VIJAYA STONES, REPRESENTED BY ITS PROPRIETRIX SMT. C. VIJAYA LAKSHMI, REGISTERED OFFICE AT D.NO.4-787, BHAJAGOVINDAPPA STREET, RAGITHOTAPALEM, TADIPATRI, ANANTHAPURAMU - 515411 ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT BUILDING VELAGAPUDI, AMARAVATI, GUNTUR - 522238 2. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION APIIC LIMITED, REPRESENTED BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, OFFICE AT APIIC TOWERS, PLOT NO.1 (9TH TO 11TH FLOORS), IT PARK, MANGALAGIRI, GUNTUR - 522503 3. THE ZONAL MANAGER, APIIC LIMITED, ZONAL OFFICE, INDUSTRIAL ESTATE, RENIGUNTA ROAD, TIRUPATI - 517506 4. THE ZONAL MANAGER, APIIC LIMITED, ZONAL OFFICE, INDUSTRIAL ESTATE, CHITTOOR, CHITTOOR DISTRICT - 517001 5. THE ZONAL MANAGER, APIIC LIMITED, ZONAL OFFICE, INDUSTRIAL ESTATE, KADAPA, YSR KADAPA DISTRICT - 516004 ...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 to pass a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, more particularly the 5th respondent in cancelling the allotment of undeveloped land in UDL-8 2 measuring an extent of Ac. 2.64 cents in Sy.Nos.575/2A, 575/2B, 577/1, 577/3 in Industrial Park, Thatiguntapalli Village, Valmikipuram Mandal, Chittoor District, made in favour of petitioner, vide its proceedings in Procs.No. 20236/APIIC/KDP/AM/IPThatiguntapalli/P.UDL-8A/S/2025/1845, dated 06-02- 2026 on fictions grounds as illegal, unlawful. arbitrary, violative of principles of natural justice and also violative of Articles 14, 15, 21 and 300A of the Constitution of India and consequently set-aside the cancellation proceedings issued by Procs.No. respondent vide its the 5th 20236/APIIC/KDP/AM/IPThatiguntapalli/P.UDL-8A/S/2025/1845, dated 06-02- 2026 and to execute a registered agreement of sale in favour of the petitioner in the interests of justice and to pass IA NO: 1 OF 2026 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 suspend the operation of the cancellation proceedings issued by 5th respondent vide its Procs.No. 20236/APIIC/KDP/AM/IPThatiguntapalli/ P.UDL- 8A/S/2025/1845, dated 06-02-2026 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. YATTAPU BHARATH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR INDUSTRIES COMMERCE The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10245 of 2026 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “….to pass a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, more particularly the 5th respondent in cancelling the allotment of undeveloped land in UDL-8 measuring an extent of Ac. 2.64 cents in Sy.Nos.575/2A, 575/2B, 577/1, 577/3 in Industrial Park, Thatiguntapalli Village, Valmikipuram Mandal, Chittoor District, made in favour of petitioner, vide its proceedings in Procs. No.20236/APIIC/ KDP/AM/IPThatiguntapalli/P.UDL-8A/S/2025/1845, dated 06-02-2026 on fictions grounds as illegal, unlawful. arbitrary, violative of principles of natural justice and also violative of Articles 14, 15, 21 and 300A of the Constitution of India and consequently set-aside the cancellation proceedings issued by Procs.No. respondent vide it’s the 5th 20236/APIIC/KDP/AM/IPThatiguntapalli/P.UDL-8A/S/2025/1845, dated 06-02-2026 and to execute a registered agreement of sale in favour of the petitioner in the interests of justice and to pass….” 2. Heard the learned counsel for the petitioner, learned Government Pleader for Industries & Commerce and Smt. Santhi Chandra, learned Standing Counsel for APIIC and also perused the material on record. 3. Learned counsel for the petitioner submits that the petitioner, being a proprietor concern, was initially allotted undeveloped land in UDL-8 measuring an extent of Ac. 2.64 cents in Sy. Nos. 575/2A, 575/2B, 577/1, and 577/3, situated in the Industrial Park, Thatiguntapalli Village, Valmikipuram Mandal, Chittoor District, vide Proceedings No. 20236/APIIC/KDP/AM/ IPThatiguntapalli/P.UDL-8/VS/2025/1845 dated 06.02.2026 (hereinafter 4 referred to as the “subject plot” for the sake of brevity). Thereafter, the respondent authorities issued final allotment orders on 19.02.2021 in favour of the petitioner. 4. Learned counsel for the petitioner further submits that the petitioner forwarded all pre-requisite documents required for execution of agreement of sale. However, the respondent authorities did not act upon the same. Subsequently, the 5th respondent issued Proceedings No. 20236/APIIC/KDP/AM/IP Thatiguntapalli/P.UDL-8/VS/ 2025/1845 dated 06.02.2026, whereby the allotment of the subject plot in favour of the petitioner was cancelled on the ground that the petitioner himself had requested such cancellation. 5. Learned counsel for the petitioner contends that the petitioner never requested the respondent corporation to cancel the allotment. On the contrary, the petitioner had submitted all pre-requisite documents and has always been willing and interested in developing the subject plot. 6. Conversely, learned Standing Counsel for APIIC submits that initially the subject land fell under the jurisdiction of the Zonal Manager, Chittoor District, and accordingly a show-cause notice dated 08.07.2021 was issued attributing certain lapses on the part of the petitioner. 7. Subsequently, due to administrative exigencies, the subject plot came under the jurisdiction of the Zonal Manager, Kadapa. Owing to such administrative changes, an inadvertent mistake occurred, resulting in the 5 issuance of the impugned order. It is further submitted by the learned Standing Counsel that the authorities are now contemplating withdrawal of the impugned order dated 06.02.2026, with liberty to initiate fresh proceedings by following due process of law. 8. Having regard to the above facts and circumstances, it is evident that the impugned order dated 06.02.2026 issued by the 5th respondent was passed without prior notice to the petitioner. Moreover, the said cancellation order proceeds on the premise that the petitioner himself requested cancellation of the allotment, which appears to be factually incorrect. 9. Learned Standing Counsel for APIIC fairly submits that the impugned order was issued due to inadvertent administrative exigencies. 10. In the light of the above facts and circumstances, the impugned order is hereby set aside. However, the respondent authorities are directed to issue appropriate notice and proceed strictly in accordance with law following the principles of natural justice. 11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 04.05.2026 RMR 6 76 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.10245 of 2026 Date: 04.05.2026 RMR