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2025 Supreme(Online)(AP) 15338

HIGH COURT OF ANDHRA PRADESH
GANNAMANENI RAMAKRISHNA PRASAD
M/s. SMS Pharmaceuticals Limited – Appellant
Versus
Andhra Pradesh Industrial Infrastructure Corporation – Respondent
WP 9381/2010



APHC010197102010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]

(Special Original Jurisdiction)

TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9381 OF 2010 Between:

1. M /S. SMS PHARMACEUTICALS LIMITED,, PLOT NO.19-III, ROAD NO.71, JUBILEE HILLS, HYDERABAD-500 033 ...PETITIONER AND

1. A NDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION, PARISHRAMA BHAVAN, 6TH FLOOR, FATEHMAIDAN ROAD, HYDERABAD, REP. BY ITS VICE-CHAIRMAN AND MANAGING DIRECTOR

2. M /S RAMKY PHARMA CITY INDIA LIMITED, RAMKI HOUSE, RAJ BHAVAN ROAD, SOMAJIGUDA, HYDERABAD.

3. M /S TRIDAX LABORATORIES LIMITED, 8-3-833/109, FIRST FLOOR, KAMALAPURI COLONY, PHASE-I, HYDERABAD.

...RESPONDENT(S):

Counsel for the Petitioner:

1. G VASANTHA RAYUDU Counsel for the Respondent(S):

1. A JAYANTHI

2. 3617/S NIRANJAN REDDY The Court made the following ORAL ORDER:

None for the Writ Petitioner.

2. The prayer sought in the present Writ Petition is as under:

“For the reasons stated above, it is prayed that this Hon’ble Court may be pleased to issue a Writ or direction more particularly one in the nature of Writ of mandamus (i) declaring the action of the respondents 1 and 2 in not executing the sale agreement in respect of plot Nos.45, 46 and 56 of Jawaharlal Nehru Pharma City, Parawada, Visakhapatnam despite payment of entire land cost and substantial infrastructure development charges as being illegal, arbitrary and irrational; (ii) declaring the action of the first respondent in allotting plot No.46 in favour of the third respondent as being illegal, arbitray and irrational and to set aside the same (iii) directing respondents 1 and 2 to comply with the terms of allotment in favour of the petitioner and pass such other appropriate orders in the interest of justice.”

3. This matter was earlier listed as eight (08) times. Vide Order dated 23.04.2010, Ld. Single Judge of this Court had, in W.P.M.P.No.12107 of 2010, had passed the following interim order:

“Pending further orders, respondents 1 and 2 are restrained from taking further steps in pursuance of decision to alienate Plot No.46 in favour of respondent No.3”

4. On 04.12.2025, none had appeared for Writ Petitioner. Today also none had appeared on behalf of the Writ Petitioner. Since this Writ Petition is of the year 2010 and having taken note of the prayer, this Court is of the opinion that no useful purpose would be served by keeping the present Writ Petition is pending. Therefore, this Court is inclined to dismiss the present Writ Petition for non-prosecution.

5. Accordingly, this Writ Petition is dismissed for non-prosecution with liberty to the Writ Petitioner to file an Application to recall the dismissal order and for restoration of this Writ Petition within a period of eight (08) weeks. Registry is directed to preserve the record for a period of 12 weeks. If such Application is not filed by the Writ Petitioner within the eight (08) weeks time granted, the Registry is at liberty to destroy the record after twelve (12) weeks from today as per the Rules. No order as to costs.

6. Interlocutory Applications, if any, stand closed in terms of this order.

_________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 09.12.2025 Mnr HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.9381 OF 2010 Dt: 09.12.2025 Mnr

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