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2026 Supreme(Online)(AP) 9460
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3558]
(Special Original Jurisdiction)
FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 39363/2022
Between:
1. C ONVENTION OF BAPTIST CHURCHES OF NORTHERN CIRCARS,, REG. NO.16/48-49, REP. BY ITS SECRETARY K. CHANDRA KUMAR, OFFICE AT PLOT NO.19, BHARATHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT.
2. K . CHANDRA KUMAR,, S/O. KAMESWARA RAO, AGED 55 YEARS, OCC. SOCIAL SERVICE, SECRETARY OF CONVENTION OF BAPTIST CHURCHES OF NORTHERN CIRCARS, R/O. D.NO.6-1, BHAGYA NAGAR, KANURU, VIJAYAWADA - 520 007, KRISHNA DISTRICT
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM.
3. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM.
4. M/S H R R CONSTRUCTION PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT.
5. M/S RAMASHIL CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT.
6. M/S SHIMANI CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
7. FINE SHINE DEVELOPERS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
8. M/S ANIRAGH CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
9. M/S H R S CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
10. M /S JAISHIL CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
11. M /S H N P CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
12. M /S H B J CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
13. M /S SOWDAMINI CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
14. M /S SEEMA CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. SEEMA REDDY THYAGARAJ, W/O. THYAGARAJ CHRISTOPHER KARUNAKAR, AGED 49 YEARS, R/O. D.NO.59A-7- 3/2, 2ND LANE, NEAR SAI BABA TEMPLE ROAD, RTC COLONY, VIJAYAWADA, KRISHNA DISTRICT
15. M /S JENET PROPERTY DEVELOPERS PRIVATE LIMITED, REP. BY ITS DIRECTOR SMT. JENET MALINI THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 75 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, NEAR D.V. MANOR, VENKATESWARAPURAM, VIJAYAWADA, KRISHNA DISTRICT
16. M /S JYOSTNA ESTATES PRIVATE LIMITED, REP. BY ITS DIRECTOR HEMAN RATNAKAR THYAGARAJU, S/O. HEMAN JESUDAS THYAGARAJ, AGED 82 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, CHANDRAMOULI PURAM, VIJAYAWADA, KRISHNA DISTRICT.
17. M /S TYAGARAJ CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR HEMAN RATNAKAR THYAGARAJU, S/O. HEMAN JESUDAS THYAGARAJ, AGED 82 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, CHANDRAMOULI PURAM, VIJAYAWADA, KRISHNA DISTRICT.
18. M /S CHRISTINA CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR HEMAN RATNAKAR THYAGARAJU, S/O. HEMAN JESUDAS THYAGARAJ, AGED 82 YEARS, R/O. D.NO.40-3-3, KRISHNA NAGAR, CHANDRAMOULI PURAM, VIJAYAWADA, KRISHNA DISTRICT.
19. M /S CHINTAKUNTA CONSTRUCTIONS PRIVATE LIMITED REP BY ITS DIRECTOR SMT SEEMA REDDY THYAGARAJ, REP. BY ITS DIRECTOR SMT. SEEMA REDDY THYAGARAJ, W/O. THYAGARAJ CHRISTOPHER KARUNAKAR, AGED 49 YEARS, R/O. D.NO.59A-7- 3/2, 2ND LANE, NEAR SAI BABA TEMPLE ROAD, RTC COLONY, VIJAYAWADA, KRISHNA DISTRICT.
20. M /S DINAKAR CONSTRUCTIONS PRIVATE LIMITED, REP. BY ITS DIRECTOR DINAKAR THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 49 YEARS, R/O. D.NO.7-237, PLOT NO.39, KCP COLONY, KANURU, PENAMALURU MANDAL, NEAR SIDHARATHA ENGINEERING COLLEGE, VIJAYAWADA, KRISHNA DISTRICT.
21. M /S SUNITHA ESTATES PVT LTD, REP. BY ITS DIRECTOR CHRISTOPHER KARUNAKAR THYAGARAJ, THYAGARAJ HEMAN RATNKAR, AGED 53 YEARS, R/O. D.NO.59A-7-3/2, 2ND LANE, NEAR SAI BABA TEMPLE ROAD, RTC COLONY, VIJAYAWADA, KRISHNA DISTRICT.
22. M R DINAKAR THYAGARAJ, W/O. HEMAN RATNAKAR THYAGARAJU, AGED 49 YEARS, R/O. D.NO.7-237, PLOT NO.39, KCP COLONY, KANURU, PENAMALURU MANDAL, NEAR SIDHARATHA ENGINEERING COLLEGE, VIJAYAWADA, KRISHNA DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner(S):
1. T LAKSHMI NARAYANA
Counsel for the Respondent(S):
1. K.MADHAVA REDDY (SC FOR GVMC)
2. GP FOR REVENUE
3. V V RAVI PRASAD
4. PILLIX LAW FIRM
5. GP FOR IRRIGATION COMM AREA DEV
________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
_____________________________
JUSTICE TUHIN KUMAR GEDELA
Date: 13.03.2026 ARR
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
AND
THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA
WRIT PETITION NO: 39363/2022
Date: 13.03.2026 ARR
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 a Writ, Order or Direction more particularly one in the nature of 'Writ of Mandamus' declaring the impugned 'Award of Transferable Development Right' vide TDR.No.1086/00061/TDR/WTW/2022 dated 29-10-2022, issued by the 3rd respondent herein, in favour of the respondent No.22, as illegal, arbitrary, without jurisdiction and a 'fraud' against the 1st petitioner interest and title and possession, violative of Articles 14, 21 and 300-A of the Constitution of India, apart from being violative of principles of natural justice, consequently set aside the same, and to pass
IA NO: 1 OF 2022 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 suspend the impugned 'Award of Transferable Development Right' vide TDR.No.1086/00061/TDR/WTW/2022 dated 29-10-2022, issued by the 3rd respondent herein, in favour of the respondent No.22 pending final disposal of the main writ petition, and pass
The Court made the following:
ORDER:-
(Per Hon’ble Sri Justice Cheekati Manavendranath Roy)
This writ petition under Article 226 of the Constitution of India for a Mandamus is filed to declare the award of Transferable Development Right (TDR) dated 29.10.2022 issued by respondent No.3 in favour of respondent No.22 as illegal and without jurisdiction and that they are issued by way of playing fraud against the 1st petitioner.
2. Heard Sri T.Lakshmi Narayana, learned counsel for the petitioners, Ms.S.Pranathi, learned Special Government Pleader attached to the office of learned Advocate General for official respondents 1 to 3 and Sri V.V.Ravi Prasad, learned counsel for the unofficial respondents 4 to 22.
3. The 3rd respondent-Greater Visakhapatnam Municipal Corporation, represented by its Commissioner (hereinafter referred to as „GVMC‟) acquired a private land for the public purpose of widening the road in Visakhapatnam city. As the 3rd respondent-GVMC found respondents 4 to 21 as owners of the said land that was acquired for the aforesaid public purpose, a registered gift deed was obtained from them represented by their GPA holder, who is respondent No.22 of all the said registered companies. The registered gift deed is dated 27.07.2021. Subsequently, a rectification deed dated 11.10.2022 was also executed which was also registered. After acquiring the said land for the aforesaid public purpose under the aforesaid registered gift deed, TDR dated 29.10.2022 was issued in favour of the owners of the said land, who are the unofficial respondents herein, represented by their GPA holder.
4. Questioning the legal validity of the said TDR that was issued by the 3rd respondent-GVMC in favour of the unofficial respondents, the instant writ petition has been filed by the writ petitioners.
5. The writ petitioner is a Convention of Baptist Churches of Northern Circars, represented by its Secretary by name K.Chandra Kumar (hereinafter referred to as „CBCNC‟). According to the writ petitioner, the land that was acquired by the 3rd respondent-GVMC is owned by CBCNC and it is the original and absolute owner of the said property. As CBCNC is represented by a trust association bearing Registration No.12 of 1960, the same is being represented by the board members. The 2nd writ petitioner K.Chandra Kumar claims to be the Secretary of the said association. Therefore, it is the case of the writ petitioners that as CBCNC is the absolute owner of the property that was acquired, the unofficial respondents herein are not entitled to any compensation or the TDR and it is the CBCNC, which is entitled for the TDR.
6. The 3rd respondent-GVMC and also the unofficial respondents have filed their counters opposing the writ petition. According to the case pleaded by the 3rd respondent-GVMC, the unofficia
