HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION NO: 8312 OF 2023 Between:

1. KVR ESTATES a registered company, rep by its Managing Director Kayala Venkata Reddy S/o Late Kayala Rama Krishna Reddy aged about

52 years, Occ. Business, R/o D. No. 50-53-11/5, 2nd Floor, Leela Enclave, N.E Layout, Seethammadhara, Vishakapatnam.

...PETITIONER(S)

AND:

1. THE STATE OF ANDHRA PRADESH rep. by it's Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi Village, Guntur District.

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.

3. The Visakhapatnam Metropolitan Region Development Authority(VMRDA), Visakhapatnam, Rep by its Metropolitan Commissioner.

4. The District Collector, Vizianagaram District, Vizianagaram.

...RESPONDENTS Counsel for the Petitioner(s): SREENIVASA RAO VELIVELA Counsel for the Respondents: GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ORDER THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.8312 of 2023 ORDER:-

This writ petition for a Mandamus is filed to declare the action of the respondents in not re-conveying the land in an extent of Ac.1.90 cents covered by Sy.No.191-2P of Karakavalasa Village in Vizianagaram District to the petitioner, by cancelling the Gift Deed dated 23.11.2022 obtained from the petitioner in terms of G.O.Ms.No.145, MA&UD Department, dated 06.12.2021, even after withdrawing of the said G.O. as per G.O.Ms.No.13, MA&UD Department, dated 25.01.2023, as illegal and consequently sought direction to the respondents to re-convey the said land to the petitioner by cancelling the Gift Deed.

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondents 1 and 2, Sri V.Surya Kiran Kumar, learned Standing Counsel for VMRDA for 3rd respondent and learned Assistant Government Pleader for Revenue for 4th respondent.

3. The petitioner is a registered Company involved in doing business in real estate and infrastructure projects in the States of Andhra Pradesh and Telangana.

4. The petitioner has earlier formed a layout in Karakavalasa Village of Vizianagaram District and applied for approval of said layout by the 3rd respondent. At that time, G.O.Ms.No.145, MA&UD Department, dated 06.12.2021 was in force. As per the said G.O., a person/company, who has applied for approval of the layout, has to give 5% of the layout extent to the Government for the purpose of assigning the same to weaker section or to deposit cost of the said 5% of the land. As per the terms of the said G.O., giving 5% of the land or depositing cost of the said 5% of the land is necessary for approval of the layout. The petitioner has opted for giving land of 5% in terms of the said G.O. and accordingly it is stated that the petitioner has executed registered Gift Deed dated 23.11.2022 in favour of the 4th respondent. Thereafter, the said layout was approved.

5. As per the case pleaded by the petitioner, the said condition imposed under aforesaid G.O.Ms.No.145, MA&UD Department, dated 06.12.2021, has been challenged in this Court by way of filing various writ petitions. While so, the Government has withdrawn the said G.O.Ms.No.145, MA&UD Department, dated 06.12.2021 under G.O.Ms.No.13, MA&UD Department, dated

25.01.2023.

6. After cancelling the said G.O.Ms.No.145, MA&UD Department, dated 06.12.2021 by issuing G.O.Ms.No.13, MA&UD Department, dated 25.01.2023, it is stated that the petitioner has submitted a representation to the 4th respondent requesting to cancel the Gift Deed dated 23.11.2022 and to re-convey the said land in an extent of Ac.1.90 cents to the petitioner.

7. Now the grievance of the writ