APHC010259812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15556/2026 Between: 1. BATHINA KUMARASWAMY REDDY, S/O NARAYANA REDDY, AGED ABOUT 78 YEARS, OCC RETIRED SENDEE, R/O D.NO. 24-161, SANTHI NAGAR, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. 2. BATHINA SRILAKSHMI, W/O KUMARASWAINY REDDY, AGED ABOUT 67 YEARS, OCC HOUSEHOLD, R/O D.NO. 24-161, SANTHI NAGAR, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. 3. RAAVILLA SRINIVASULU NAIDU, S/O PARDHASARADHI, AGED ABOUT 59 YEARS, OCC BUSINESS, R/O D.NO. 26-2-1971, PRR NAGAR, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 522237 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF ANDHRA PRADESH, OFFICE AT PRIME HILL CREST,4TH FLOOR, NEAR DGP OFFICE, BESIDE ULTRATECH READY MIX PLANT, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT. 522503 3. THE NELLORE URBAN DEVELOPMENT AUTHORITY, NELLORE, 2 SPSR NELLORE DISTRICT, REP BY ITS VICE CHAIRMAN / V ICE CHAIRMAN. 524001 4. THE DIRECTOR OF TOWN AND COUNTRY PLANNING, ANDHRA PRADESH, MGM CAPITAL BUILDING, GROUND FLOOR, BACK SI.DE OF DR. YSR AROGYASRI - HEALTH CARE TRUST, NH-16 SERVICE ROAD, MANGALAGIRI, GUNTUR DISTRICT. 522503 ...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 an appropriate Writ more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not refunding/re- paying Rs. 22,52,583/- (Rupees Twenty Two Lakhs Fifty ITvo Thousand Five Hundred Eighty Three Only) collected from the petitioners vide Receipt No. 1031/CH/l 1378/2022 dated 14.10.2022 while granting layout permission vide File No. 1031/0007/LP/NMC/2022/ Mortgage (LP No. 23/2022/1031/NMC/DPMS) in pursuance of G.O.Ms.No. 145, MA and UD Department dated 06.12.2021, inspite of the fact that the E respondent has withdrawn the G.O.Ms.No. 145, MA and UD Department dated 06.12.2021 by way of issuing G.O.Ms.No. 13, MA and UD Department dated 25.01.2023 and clarifying through Memo No. 2877356/M1/2025 dated 01-04-2026, as illegal, arbitrary and violative of principles of natural justice and contraiy to law, and consequently direct the respondents to refund/re-pay Rs. 22,52,583/- (Rupees Twenty Two Lakhs Fifty Two Thousand Five Hundred Eighty Three Only) collected from the petitioners vide Receipt No. 103 l/CEl/l 1378/2022 dated 14.10.2022 while granting layout permission vide File No. 1031/0007/LP/'NMC/2022/ Mortgage (LP No. 23/2022/1031/NMC/DPMS), 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 DIRECT the respondents to refund/re-paying Rs. 22,52,583/- (Rupees Twenty Two Lakh Fifty Two Thousand Five Hundred Eighty Three Only) collected from the petitioners vide Receipt No. 1031/CH/l 1378/2022 dated 14.10.2022 while granting layout permission vide File No. 1031/0007/LP/ NMC/2022/ Mortgage (LP No. 23/2022/1031/NMC/DPMS) in view of G.O.Ms.No.l3, MA&UD Department dated 25.01.2023 and clarifying through 3 Memo No. 2877356/M1/2025 dated 01-04-2026, pending disposal of the Writ Petition and to pass Counsel for the Petitioner(S): 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 Order:- This Writ Petition is filed to declare the action of respondents in not refunding/re-paying Rs.22,52,583/- (Rupees Twenty Two Lakhs Fifty Two Thousand Five Hundred Eighty Three Only) collected from the petitioners vide Receipt No.1031/CH/l 1378/2022 dated 14.10.2022 while granting layout permission vide File No. 1031/0007/LP/NMC/2022/ Mortgage (LP No. 23/2022/1031/NMC/DPMS) in pursuance of G.O.Ms.No. 145, MA and UD Department dated 06.12.2021, inspite of the fact that the 1st respondent has withdrawn the G.O.Ms.No. 145, MA and UD Department dated 06.12.2021 by way of issuing G.O.Ms.No. 13, MA and UD Department dated 25.01.2023 and clarifying through Memo No. 2877356/M1/2025 dated 01-04-2026. 2. However, both learned counsel submit that similar matters have already been allowed by this Court in W.P.No.8982 of 2024 and batch case, vide common order dated 12.12.2024. 3. 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:- “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 4. In terms of the aforesaid orders and for reasons alike, this writ petition also deserves to be allowed. 5. Accordingly, this writ petition is allowed in terms of the aforesaid orders and the respondent authorities 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. 6. The Registry is directed to append a copy of 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 17.06.2026 PNS