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2025:APHC:59667

APHC010686792025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3457]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 35546/2025

Between:

1. K OPPARTI SANDYA KISHORE, S/O. KOPPARTI NARSIMHA AGED

ABOUT 41 YEARS, OCC- BUSINESS, R/O. D.NO. 15/489-12, BALAJI

NAGAR-2, PRODUTUR TOWN, KADAPA DISTRICT.

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL

SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN

DEVELOPMENT DEPARTMENT,SECRETARIAT BUILDINGS,

VELGAPUDI, GUNTUR DISTRICT.522237

2. T HE ANNAMAYYA URBAN DEVELOPMENT AUTHORITY, REP.BY

ITS VICE CHAIRMAN/CHIEF EXECUTIVE OFFICER, KADAPA, Y.S.R.

KADAPA DISTRICT.516001

3. T HE DIRECTOR OF TOWN AND COUNTRY PLANNING,

ANNAMAYYA URBAN DEVELOPMENT AUTHORITY, KADAPA,

Y.S.R. KADAPA DISTRICT.516001

...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 topleased to issue an appropriate Writ, order or direction more

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particularly one in the nature of Writ of Mandamus declaring the action of the

respondent No.2 in not refunding the amount of Rs.36,87,370/- (Rupees

Thirty Six Lakhs Eighty Seven Thousand Three Hundred and Seventy only)

paid by the petitioner inpursuance of the G.O.Ms.No.145, MA and UD (M),

Department, dated 06.12.2021, despite the fact that, the said GO is

withdrawn as per G.O.Ms.No.lS, Municipal Administration and Urban

Development (M) Department dated 25.01.2023 as arbitrary, illegal and

contrary to the well established legal principles apart from being violative of

the fundamental and Constitutional rights guaranteed to the petitioner under

Articles 14, 19, 21 and 300-A of the Constitution of India and consequently

direct the respondents to refund the amount of Rs.36,87,370/- (Rupees Thirty

Six Lakhs Eighty Seven Thousand Three Hundred and Seventy only) paid by

the petitioner inpursuance of the G.O.Ms.No.145, MA and UD (M),

Department, dated 06.12.2021 and pass

IA NO: 1 OF 2025

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

pleased to direct the respondents to refund the amount of Rs.36,87,370/-

(Rupees Thirty Six Lakhs Eighty Seven Thousand Three Hundred and

Seventy only) paid by the petitioner, pending disposal of the above Writ

Petition and pass

Counsel for the Petitioner:

1. D VIGNESHWAR REDDY

Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

The Court made the following:

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ORDER:

The petitioner is aggrieved by the inaction of the 2^nd respondent in

refunding the amount of Rs.36,87,370/-, which is deposited by the petitioner in

pursuance of the G.O.Ms.No.145, Municipal Administration and Urban

Development, dated 06.12.2021.

2. It is submitted that the G.O.Ms.No.145, dated 06.12.2021 was

subsequently withdrawn vide G.O.Ms.No.13, Municipal Administration and

Urban Development, dated 25.01.2023.

3. It is submitted that the petitioner sought for refund of the amount

deposited in pursuance of the requirements of G.O.Ms.No.145, dated

06.12.2021.

4. It is submitted that once the G.O.Ms.No.145, dated 06.12.2021, stood

withdrawn, the respondents could not have retained the amount deposited by

the petitioner in pursuance of the G.O.Ms.No.145. In this regard, the petitioner

submitted several representations seeking release of the said amount.

However, the respondents neither considered nor passed any orders in that

regard.

5. It is submitted that this Court considered similar writ petitioners and

allowed the Writ Petitions, directing the respondents to release the amounts.

In some cases, 5 % of the area gifted in view of deposit was directed to be

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reconveyanced. Reliance is placed on the Orders passed in W.P.Nos.8982 of

2024 and batch.

6. Following the same, the learned counsel for th