IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18608 of 2001 Between: Ravilla Kondaiah Chowdary S/o.Naraiah R/o.Narasaraopet, Guntur District. ..... PETITIONER AND 1 A.P.Industrial Infrastructure Corporation Ltd., Rep.by its Managing Director Hyderabad. 2 The Zonal Manager, A.P.Industrial Infrastructure Corporation Ltd., Zonal Office, Industrial Estate, Vijayawada, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to call for the records in proceedings No.P.No.19/IE/NRPT/2001/375, dt.3-8-2001 on the file of Zonal Manager, A.P.Industrial Infrastructure Corporation Ltd., Vijayawada and quash the same by issuing a Writ of Certiorari or any other appropriate writ order or direction and to pass Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondent No.: MR.K.V.SIMHADRI The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18608 of 2001 ORDER: Petitioner questions the order passed by the 2nd respondent on 03-08-2001, whereby allotment of Plot No.19 at Industrial Estate, Narasaraopet, in favour of the petitioner was cancelled. It is the case of the petitioner that pursuant to the application of the petitioner, dated 17-11-1993, for allotment of Plot in Industrial Estate at Narasaraopet, to set up a Small Scale Industrial Unit for manufacture of Aluminum Circles and Utensils, the 2nd respondent through his proceedings, dated 04-05-1995, allotted Plot No.19 admeasuring an extent of 1044.77 sq. mtrs. and accordingly the petitioner paid entire sale consideration and the respondents executed registered Sale Deed on 21-05-1996. Thereafter, the petitioner obtained permission for construction of Factory and accordingly, he constructed Factory and running the unit under the name and style M/s.Komala Nagavenu Aluminum Spinning Industries. While so, the 2nd respondent, without issuing any notice and without giving any opportunity, cancelled the allotment of Plot No.19 on 03-08-2001 on the ground that Plot No.19 was allotted for expansion of the Aluminum Industrial unit of the petitioner, which was located at Plot No.4 of Industrial Estate, Narasaraopet and Plot No.19 was delivered to the petitioner on 09-05-1995 after execution of the Sale Agreement and the Sale Deed was executed on 20-05-1996, however, on inspection, it was found that the petitioner’s unit located at Plot No.4 was sold to a third party namely M/s.Srinivasa Metal Industries without obtaining prior approval from the Corporation and further Plot No.19 was kept vacant for considerable time and subsequently, the petitioner constructed a small shed in Plot No.19 and leased out to third party against the terms and conditions of the allotment. Learned counsel appearing for the petitioner submits that Plot No.19 was sold to him on out right basis and accordingly, registered sale deed was executed in his favour on 20-05-1996. As the entire rights over the property are vested in him, the question of cancellation of allotment does not arise. It is further stated that he is running the unit as per the allotment order only. I am not inclined to express any opinion as to the merits of the case. Admittedly, the impugned order has been passed without issuing any notice and without giving any reasonable opportunity and therefore, it is in violation of the principles of natural justice. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is allowed setting aside the impugned order, dated 03-08-2001, and keeping it open for the respondents to issue notice and take appropriate action in accordance with law. There shall be no order as to costs. ___________ 18-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KMR}