IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 13088 of 2006 Between: V.Rambabu S/o.Balaramaiah R/o.Plot No.8, Baba Towers, 4/3 Ashoknagar Guntur, Guntur District ..... PETITIONER AND 1 The APIIC Ltd., having its registered office at Parishram Bhavan, Hyderabad- 29, rep.by its Managing Director 2 The Zonal Manager, APIIC Ltd., 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 issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in proposing the cancel the sale deed executed by the respondents in favour of the petitioner towards sale of plot No.586 situated at Phase IV Guntur and proposing to dispossess the peittioner vide Lr.No.AZM(0)/APIIC/AN/GNT/P.No.586/B1-6/96 dated 24.5.2006 as illegal, unjust and arbitrary contrary to well established principles of law and as such liable to be set aside in the interest of justice. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent : MR.P.ROY REDDY FOR RMAPP-1&2 The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 13088 of 2006 ORDER: 1 When the matter is taken up for hearing, both the counsel submitted that this matter is covered by the judgment of this Court in Writ Petition No.13000 of 2006 dated 13.08.2009. 2 In the light of the said submissions made by both the counsel this Writ Petition is also disposed of in similar lines and in the following manner: i. The impugned proceedings are quashed. ii. The petitioner is permitted to submit an application for approval in complete shape and without any defect, within a period of three (3) months from today. iii. Within one month from the date of receipt of such application, the Corporation shall give necessary approval / sanction for establishment of an industry. Within one year from the date of receipt of such approval / sanction from the Corporation, the petitioner shall complete establishment of industry, commence the activity and report the same to the Corporation. iv. In the event of failure of the petitioner to comply with these directions, the Corporation is entitled to cancel the allotment and approach the competent court of civil jurisdiction for cancellation of the sale deed. If suit in this regard is filed, the competent Civil court shall dispose of the same within a period of six (6) months on such institution. The corporation is also entitled to move appropriate application before this court for passing order against the petitioner for violation of the undertaking. ------------------------------ 22.10.2009 kvsn