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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO
Lakshmi Metallurgy Limited – Appellant
Versus
Govt Of Andhra Pradesh – Respondent
ORDER :
K. MANMADHA RAO, J.
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“……to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents 24 in issuing NOC/executing Sale Deed to the Petitioner for Plot Nos 67, 69, 70, 71, 72 and 73 at Industrial Park, Gajulamandyam in Renigunta Revenue Mandal, Chittor District, A.P., notwithstanding compliance of proceedings No 20559/DW/D10/IP/GMD/07 dated 17.05.2016, as arbitrary illegal, misuse of powers vested with office violation of Article 14 and 19 of Constitution of India and consequently direct the Respondents 2 to 4 to issue NOC/execute Sale Deed without imposing penal conditions for execution of sale deed in favor of the Petitioner for Plot Nos 67, 69, 70, 71, 72 and 73 at Industrial Park Gajulamandyam in Renigunta Revenue Mandal, Chitoor District, A.P. in compliance with proceedings No 20559/DW/D10/IP/GMD/07 dated 17.05.2016 and accord reasonable time for completion of the project from the date of issuance of NOC / Execution of sale deed and pass……”
Brief facts of the case are that the Petitioner made an application to
The court held that administrative authorities must act within legal bounds, and their inaction in issuing NOC and executing Sale Deed was arbitrary, necessitating compliance with conditions for reli....
The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.
The court affirmed that disputes of a commercial nature are not within the writ jurisdiction under Article 226, emphasizing the responsibility of fulfilling contractual obligations.
Resumption of industrial plot for non-fulfilment of terms and conditions of allotment is justified.
The court ruled that allotment cancellation for non-payment is valid without prior notice, as applicable law requires notice only post-lease execution, which was not applicable here.
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
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