M G BROTHERS AUTOMOBILES PVT LTD v. THE STATE OF ANDHRA PRADESH
WP/10356/2026 · 2026-04-19
Harinath N
body2026
DailyLaw.ai
[ 2026 DAILYLAW 868 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 868 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010195392026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10356/2026 Between:
1. M G BROTHERS AUTOMOBILES PVT LTD, D.NO.1/1401, HBS COLONY, YEMMIGANUR, KURNOOL DISTRICT, REPRESENTED BY ITS DIRECTOR, M.G.RAGHAVENDRA, AGED ABOUT 43 YEARS, S/O M.R.GANGADHAR, R/O D.NO.26 - 11 - 270 MASTERS MANSION, PARADUPALLI, NELLORE CITY, NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT,
SECRETARIAT BUILDING, VELAGAPUDI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI. 4. THE CHITTOOR URBAN DEVELOPMENT AUTHORITY, REP BY ITS VICE CHAIRMAN, OLD COLLECTORATE BUILDING, GREAMSPET, CHITTOOR CITY AND DISTRICT, 517001
2
5. SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, KESAVAYAGUNTA, BESIDES SRINIVASA KALYANA MANTAPAM TIRUCHANURU ROAD, TIRUPATHI. 6. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, APSPDCL, CHITTOOR. 7. THE EXECUTIVE ENGINEER, OPERATIONS, CHITTOOR, APSPDCL, GANDHI ROAD, CHITTOOR. 8. THE DIRECTOR OF TOWN AND COUNTRY PLANNING, MANGALAGIRI, GUNTUR DISTRICT. ...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 more particularly one in the nature of Writ of Mandamus, Declaring the inaction of the Respondents herein in refunding /I. returning the amount of Rs. 2,20,786/- to the Petitioner Company, which was collected as Additional Security Deposit Charges, by No.CGM/O M/GM/Comml./F/relying 293682D.No.98/22 dated 01.02.2022 as being illegal, arbitrary, unjust, violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India, violative of the Electricity Act, 2003, violative of Regulation No.6 of 2004, violative of AP land development (Layout and Sub- division) rules 2017 and violative of AP Metropolitan Region and Urban Development Authorities Act, 2016, Consequently set aside Memo No.CGM/O M/GM/Comml./F/ 293682D.No.98/22 dated 01.02.2022, Direct the Respondents to refund Rs.
2,20,786/- to the Petitioner Company at the interest determined by the Reserve Bank of India Memoupon And 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 leased to direct the Respondents herein to refund Rs. 2,20,786/- to the Petitioner Company and pass such Counsel for the Petitioner:
1. VIVEKANANDA VIRUPAKSHA
3
Counsel for the Respondent(S):
1. GP FOR ENERGY
2. GP MUNCIPAL ADMN AND URBAN DEV AP
3. GP FOR FINANCE PLANNING The Court made the following:
4
Order:-
The petitioner has developed a residential layout in Vepanapalle Village, Puthalapattu Mandal, Chittoor District, and, on demand from the respondent authorities, deposited security deposit as well as additional security deposit. The 5th respondent, vide memo dated 01.02.2022, issued revised guidelines for electrification of layouts. 2. The learned counsel appearing for the petitioner submits that the respondents are liable to refund the additional security deposit and refers to clause (iii) (b) of the memo referred to above. It is submitted that, as per the said clause, the respondents are required to refund the additional security deposit subject to the agreement period being valid for a period of five (05) years or till 50% occupation of the proposed plots by the residents, whichever is earlier. It is further submitted that more than 90% of the plots are occupied and, as such, the petitioner is entitled to refund of the additional security deposit. 3. The learned Standing Counsel appearing for the 5th respondent submits that the petitioner has submitted a representation dated 10.01.2026, which is filed as material paper in W.P. No. 10344 of 2026, and that the said representation does not reflect the petitioner’s contention that 90% of the layout is complete, which would entitle him to seek refund of the additional security deposit. 5
4. Considering the submissions, this writ petition is disposed of, leaving it open for the petitioner to submit a fresh representation duly informing the extent of occupation of the layout, in terms of clause (iii)(b) of the memo dated
01.02.2022. Upon receipt of the same, the 5th respondent shall consider the representation of the petitioner and pass appropriate orders within a period of four (04) weeks thereafter. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N
20.04.2026 PNS