HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.15529 of 2007 Date: November 28, 2011 Between: M/s.Sukrithik Solar Systems, rep. by its Managing Partner Mr.K.Suresh Hebbar, S/o.Anand Hebbar, aged 57 years, Occ: business, Kushaiguda, Hyderabad … Petitioner And Andhra Pradesh Industrial Infrastructure Corporation Ltd., represented by its Managing Director, Fateh Maidan Road, Hyderabad and others … Respondents Order: This writ petition is filed seeking mandamus declaring the action of the respondents in not registering the land admeasuring 1006 sq. metres in favour of the petitioner pursuant to the provisional allotment letter dated 15.05.2001 as illegal and contrary to law. The 1st respondent, A.P. Industrial Infrastructure Corporation Ltd. (APIIC) is a company wholly owned by the Government of Andhra Pradesh and registered under the Companies Act, 1956. Its main objects are acquisition of lands and their development. Petitioner herein is one of the applicants which filed application dated 14.03.2001 to the APIIC claiming allotment of land in Industrial Development Area, Cherlapally to set up its unit for manufacturing solar lighting and energy utility and emergency lights and power systems. Basing on the request of the petitioner, land admeasuring 450 sq. metres was allotted to it vide provisional allotment letter dated 15.05.2001. It appears that, as per the site plan received from the engineering wing, the land allotted to the petitioner has come to 991.20 sq. metres and the petitioner has agreed to pay the excess land cost @ Rs.500/- per sq. metre and paid an amount of Rs.4,85,000/- towards cost for the total area. It is the case of the petitioner that as it has already paid an amount of Rs.4,85,000/- for transfer of the entire land, it is entitled for transfer of 1006 sq. metres of land for setting up industrial unit. The General Manager, Asset Management (Law) of the 1st respondent-Corporation has filed a detailed counter-affidavit. In the counter-affidavit, while denying the allegations of the petitioner, it is stated that basing on the application of the petitioner, an extent of 450 sq. metres was allotted to it vide provisional allotment letter dated 15.05.2001, but as per the site plan received from the engineering wing, the extent allotted to the petitioner has come to 991.20 sq. metres and the petitioner has agreed to pay the excess land cost @ Rs.500/- per sq. metre and paid an amount of Rs.1,29,000/- on 26.06.2001 and Rs.1,49,000/- on 13.11.2001. Thus the petitioner paid a total amount of Rs.4,80,500/- towards the land cost for the total area. It is further stated that, subsequently, it was noticed that, there is a mosque behind the subject land, constructed in an area of about 400 sq. metres belonging to the APIIC and hence the area has been reduced to 607.530 sq. metres; accordingly, modification- cum-final allotment letter was issued vide letter dated 08.11.2005; agreement of sale was executed on 08.11.2005 and physical possession of the land to an extent of 607.530 sq. metres has been handed over to the petitioner on 29.11.2005. It is also stated that due to encroachment and construction of mosque, the available land was reduced to 607.530 sq. metres instead of 991.20 sq. metres and since the APIIC had already executed agreement of sale and handed over physical possession of the land to the petitioner on 29.11.2005, it is the responsibility of the petitioner to safeguard the land handed over to it and the APIIC is willing to refund the excess land cost paid by the petitioner. It is further stated the request of the petitioner for allotment of adjacent land cannot be considered as the same is already allotted to M/s.Sai Pavan Industries, vide provisional allotment letter dated 28.02.2005 and agreement of sale was executed on 15.11.2005. While it is true that an amount of Rs.4,80,000/- is deposited by the petitioner for the extent of 991.20 sq. metres, fact remains that no allotment proceedings have been issued in favour of the petitioner for the extent of 991.20 sq. metres for the reason that subsequently it was noticed that there is mosque behind the said land in an area of 400 sq. metres. Therefore, allotment has been restricted to 607.530 sq. metres and accordingly modification-cum-final allotment letter was issued vide letter dated 08.11.2005. Though it is alleged by the petitioner that there was an oral instruction from the 1st respondent to deposit the amount for the remaining area of 400 sq. metres, the same is specifically denied by the 1st respondent in the counter-affidavit. It appears, in absence of any allotment and agreement in favour of the petitioner for allotment of land of 1006 sq. metres as claimed by it, the petitioner, on its own, has deposited the amount. Though it is stated in the counter-affidavit that the petitioner is entitled for refund of balance amount, but, in absence of any allotment or agreement for the land which is claimed by the petitioner, no such directions can be issued. However, as the petitioner has already deposited amount for 607.530 sq. metres and physical possession of the same is handed over to it on 29.11.2005, if there is any dispute with regard to the said extent, this will not preclude the petitioner to make a representation to the respondents in that regard. Writ petition is accordingly dismissed. No costs. _____________________ (R.SUBHASH REDDY, J) November 28, 2011 MRR