IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE THIRTIETH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.3943 of 2010 Between: M/s. Premier Metachem Private Limited, reptd., by its Director-Sri V.Shiva Kumar. … Petitioner And The A.P. Industrial Infrastructure Corporation Ltd., Reptd., by its Zonal Manager, Industrial Park, Renigunta Road, Settipalli (PO), Tirupathi and another. … Respondents Counsel for the petitioner: Sri Poluri Bhaskar. Counsel for the respondents: Sri P.Roy Reddy. This Court made the following: ORDER:- This Writ Petition is filed for a Certiorari to call for records and direct the respondents to execute agreement of sale and deliver possession of the allotted land to the petitioner. I have heard Sri Poluri Bhaskar, learned counsel for the petitioner, and Sri P.Roy Reddy, learned Standing Counsel for the respondents. The respondents provisionally allotted 76,893 Sq. meters of land in Plot Nos.80 to 85 of Industrial Park, Gajulamandyam in Renigunta Revenue Mandal, Chittoor District, in favour of the petitioner for a total consideration of Rs.1,53,78,600/- vide: letter dated 9-7- 2008. On the ground that the respondents have not executed the sale documents and handed over possession of the said land, the petitioner filed the present Writ Petition. In the counter-affidavit filed by the General Manager (Law) of the respondent-Corporation, it is, inter alia, mentioned that the petitioner has to pay the total cost of the land within 90 days from the date of receipt of the provisional allotment order; that the said period had expired by 6-10-2008; that the petitioner failed to adhere to the payment schedule; that an amount of Rs.1,47,014-30 ps., is still due and payable by the petitioner; and that the petitioner violated Condition No.2 of the provisional allotment order. It is averred that letter dated 31-8-2009 addressed to the petitioner was returned with an endorsement that “no such firm in this address – R/S” and “no such firm in this address – not known – hence R/S”. It is further averred that as the petitioner failed to pay the balance amount, order dated 16-12-2009 canceling the allotment was passed by respondent No.1 and the said order sent through post was also returned with a similar endorsement. According to the respondents, as the cancellation of allotment was already made, no relief can be granted in favour of the petitioner. Though a copy of the counter-affidavit was served on the petitioner on 5-3-2010 and time for filing reply- affidavit was granted by this Court at the request of the learned counsel for the petitioner on the said date, no reply-affidavit has been filed controverting the above mentioned averments contained in the counter-affidavit. In view of the fact that cancellation of allotment was already made by the respondents, the petitioner is not entitled to the relief claimed in this Writ Petition. The Writ Petition is, accordingly, dismissed with liberty to the petitioner to question the order of cancellation, at his discretion. If the petitioner approaches the respondents for furnishing of a copy of the cancellation order, they shall supply the same to him. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:30-3-2010 MNR