APHC010733262014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24120/2014 Between:

Sanagala Srinivas & Ano. and Others ...PETITIONER(S)

AND Prl Secy M A U D Dept 2 Ors and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. M/S BHARADWAJ ASSOCIATES Counsel for the Respondent(S):

1.

2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA)

3. GP-MUNCIPAL ADMN AND URBAN DEV(AP)

The Court made the following:

ORDER:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“….to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the 2nd respondent contained in Rc.No. 11693/2007/I- 1/Ann.1/34, dated 05.07.2014 cancelling the land allotment in favour of the petitioners as regards Plot Nos.103 and 127 in L.P.No.36 of 2009 covered by Sy.Nos.34 and 35 of Rishikonda Village, Visakhapatnam Rural Mandal, Visakhapatnam District, is arbitrary, illegal and without jurisdiction and consequently set aside the same and direct the respondents not to interfere with the possession and enjoyment of the petitioners over the said plots”

2. On 22.08.2014, when the matter came up for admission, this Court, after hearing the submissions, passed the following interim order.

“…There shall be interim suspension of the impugned order, but however, it shall not preclude the 2^nd respondent from initiating civil proceedings for cancellation of registration of the subject plots before the jurisdictional civil court.”

3. Heard learned counsel for the petitioners and Sri. V. Surya Kiran Kumar, learned Standing Counsel for the respondents.

4. Today, when the matter came up for hearing, learned standing Counsel on oral instructions has submitted that the respondents have already filed Civil Suit vide O.S.No.708 of 2015 on the file of the 12^th Additional District Judge, Visakhapatnam seeking cancellation of sale deed executed in favour of the petitioners herein for the plot No.103 and 127 in Sy.No.34 and 35 part of Rushikonda Village of Visakhapatnam Rural, Visakhapatnam District only.

5. On perusal of the said instructions submitted by the learned standing Counsel, it is clear that even without cancellation of sale deed executed in favour of the petitioners, the respondents have cancelled the allotment which in fact should have been done after cancellation of the sale deed. However, in view of the fact that the respondents have already filed Civil Suit vide O.S.No.708 of 2015 seeking cancellation of sale deed executed in favour of the petitioners, this Court is of the opinion that the impugned proceedings issued by respondent No.2 cancelling the allotment is liable to be set aside.

6. Accordingly, the writ petition is allowed setting aside the impugned proceedings Rc.No.11693/2007/I-1/Ann-I/34, dated 05.07.2014. However, cancellation of allotment shall be subject to the result of the O.S.No.708 of 2015 on the file of the 12^th Additional District Judge, Visakhapatnam. The concerned Civil Court is directed to decide the civil suit pending before it on its own merits without being influenced by the order passed by this Court in the present writ petition. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

___________________ JUSTICE V.SUJATHA Date: 05.02.2025 Gss