APHC010053672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3360/2026 Between: 1. MUNGAMURI BRAHMAIAH,, S/O. SRI MALAKONDAIAH AGE 54 YEARS, OCC BUSINESS R/O. D.NO.102-5-389/1, BOMMURU -533 124 RAJAMAHENDRAVARAM RURAL MANDAL, E.G. DISTRICT 2. MUNGAMURI MANOJ KUMAR YADAV,, S/O. SRI BRAHMAIAH AGE 32 YEARS, OCC BUSINESS RIO. D.NO.102-5-389/1, BOMMURU - 533 124 RAJAMAHENDRAVARAM RURAL MANDAL, E.G. DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT., SECRETARIAT, VELAGAPUDI - 522 237, AMARAVATI, GUNTUR DISTRICT 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION A P, OFFICE AT PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE VADDESWARAM - 522 502, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, EAST GODAVARI AT RAJAMAHENDRAVARAM - 533 124 4. RAJAMAHENDRAVARAM URBAN DEVELOPMENT AUTHORITY RUDA, SESHAYYA METTA, RAJAMAHENDRAVARAM - 533 104 EAST GODAVARI DISTRICT, REP. BY ITS VICE-CHAIRMAN 2 ...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 issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not refunding the additional amount deposited by the petitioners to the credit of the 4th respondent towards value of the 5percent layout land area as stipulated in G.O.Ms.No.145 MA and UD Department, dated 06.12.2021 even after withdrawal of the said G.O., by the 1st respondent through G.O.Ms.No.13 MA and UD Department, dated 25.01 .2023 as illegal, arbitrary and unjust and consequently direct the respondents to refund the additional amount of Rs.21,51,1441- deposited to the credit of the 4th respondent by the petitioners towards value of the 5percent layout land area as stipulated in G.O.Ms.No.145 MA and UD Department, dated 06.12.2021 forthwith 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 direct the 4th respondent to consider the representation of the petitioners dated 07.01.2026 seeking refund of additional amount of Rs.21,51,144/- deposited by them to the credit of the 4th respondent towards value of the 5% layout land area as stipulated in G.O.Ms.No.145 MA & UD Department, dated 06.12.2021, pending disposal of the present writ petition Counsel for the Petitioner(S): 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. R K ACARYULU SC For RJY,KKD,ELR,AMP UDA (MA) 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- This Writ Petition is filed to declare the action of the respondents in not refunding the additional amount deposited by the petitioners to the credit of the 4th respondent towards the value of the 5% layout land area, as stipulated in G.O.Ms.No.145, MA & UD Department, dated 06.12.2021, even after withdrawal of the said G.O. by the 1st respondent through G.O.Ms.No.13, MA & UD Department, dated 25.01.2023. 2. However, both learned counsel submit that similar matters have already been allowed by this Court in W.P.No.8312 of 2023, vide order dated 04.04.2023, and W.P.No.8982 of 2024 and batch cases, vide common order dated 12.12.2024. 3. The operative portion of the order dated 04.04.2023 passed in W.P.No.8312 of 2023 reads as follows:- “Resultantly, the writ petition is allowed. The 4th respondent is directed to cancel the Gift Deed dated 23.11.2022 executed by the petitioner in terms of the earlier G.O.Ms.No.145, dated 06.12.2021 and to re- convey the said land of Ac.1.90 cents covered by Sy.No.191-2P of Karakavalasa Village in Vizianagaram District, to the petitioner within four (04) weeks from the date of receipt of a copy of this order or from the date on which a copy of this order is placed before the 4th respondent, whichever is earlier. There shall be no order as to costs.” 4. The operative portion of the common order dated 12.12.2024 passed in W.P.No.8982 of 2024 and batch case reads as follows:- 4 “Accordingly, these writ petitions are allowed in terms of the above said orders and the respondent authorities shall act upon either for re-conveyance of the gift deed or refund of the additional amount as expeditiously as possible to the petitioners, preferably within a period of twelve (12) weeks from the date of receipt of this order. There shall be no order as to costs.” 5. In terms of the aforesaid orders and for reasons alike, this writ petition also deserves to be allowed. 6. Accordingly, this writ petition is allowed in terms of the aforesaid orders and the 4th respondent shall refund the additional amount deposited by the petitioners as expeditiously as possible, preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 7. The Registry is directed to append copies of the order dated 04.04.2023 passed in W.P. No. 8312 of 2023 and the common order dated 12.12.2024 passed in W.P. No. 8982 of 2024 and batch to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 16.06.2026 PNS 5