IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 22493 of 2005 Between: L.Prakash, S/o.Rayappa, R/o.B.Colony, Malkapurampeta, Kondapalli, Krishna District. ..... PETITIONER AND 1 The Managing Director, A.P.Industrial Infrastructure Corporation Ltd., Parishram Bhavan, 6th Floor, Fatech Maidan Road, Hyderabad. 2 Zonal Manager, A.P.Industrial Infrastructure Corporation Ltd., Industrial Estate, Auto Nagar, Vijayawada. ....RESPONDENTS 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 issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in not registering the plot No.137-B, Industrial Estate, Kondapally, Vijayawada in favour of the petitioner as illegal, arbitrary and consequently direct the respondents to register Plot No.137-B, Industrial Estate, Kondapally, Vijayawada in favour of the petitioner and be pleased to pass. Counsel for the Petitioner:MR.V.RAGHU Counsel for the Respondents: MR.K.V.SIMHADRI The Court made the following : O R D E R: It is stated that the petitioner applied before the Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation Limited, Vijayawada for allotment of a plot on outright sale basis in the Industrial Development Area, Kondapalli for setting up an industry/unit for manufacturing of General Engineering Works (job works). Pursuant to the said application, the second respondent, through a letter dated 23- 01-1998 informed the petitioner that plot No.137-B, admeasuring 764.50 square meters at Industrial Development Area, Kondapalli would be allotted to him on the payment of total cost of the land and development charges, which works out to Rs.68,805/-, within 60 days from the date of receipt of the allotment order. On receipt of the allotment order, the petitioner paid the total amount by way of demand draft, but he could not get the plot registered in his favour due to his ill-health and financial constraints and he submitted a representation dated 14-10-2004 to the second respondent to execute the agreement and register the plot in his favour. But, to his utter surprise, he received a letter dated 07-01-2005 that the allotment of plot No.137-B at Industrial Development Area, Kondapalli made in his favour was cancelled. He submitted representations dated 31-01-2005 and 09-03-2005 seeking registration of the plot in his favour. The second respondent through letter dated 23- 03-2005 informed that the Corporation could consider for allotment of the plot to the petitioner at the cost of Rs.200/- per square meter to be payable on or before 31-03-2005. The petitioner by letter dated 30-03- 2005 informed that it would be very difficult for him to arrange the balance amount within that short span of time and requested time for payment of the balance. The petitioner again submitted representations dated 07-04-2005 and 12-04-2005. The second respondent by letter dated 16-04-2005 informed the petitioner that on furnishing the details of project report, tie-ups with other financial institutions, time schedule for implementation of the project, within a week from the date of receipt of the letter, his request for reallotment of the plot would be considered. The petitioner by letter dated 25-04-2005 submitted all the information as sought for by the second respondent. Again he submitted a representation on 29-06-2005 to the first respondent seeking registration of the plot, marking a copy of the same to the second respondent. But, till now the plot was not registered in his favour. Hence, this writ petition. Counter-affidavit has been filed by the respondents stating that though the petitioner paid the land cost on 15-04-1998, he failed to comply with the other conditions viz., executing the agreement of sale and taking physical possession of the land within one month from the date of payment of the land cost, therefore, a notice was issued on 23- 04-2004 to submit the agreement of sale of land within 15 days, but the petitioner failed to execute the agreement of sale. Therefore, a final show cause notice dated 06-08-2004 was issued, for which a representation dated 14-10-2004, after lapse of two months, was filed by the petitioner. After examining the representation and in view of non-submission of the agreement of sale for a period of six years after allotment of land, the allotment in favour of the petitioner was cancelled on 07-01-2005. It is stated that thereafter, the petitioner submitted representation dated 31-01-2005 for registration of the plot in his favour and that they offered the plot at the cost of Rs.200/- per square meter and asked the petitioner to give his consent for the same on or before 31-03-2005. But, the petitioner did not respond positively. The second respondent also addressed a letter dated 16-04-2005 to the petitioner stating that they require certain information like detailed project report, tie-ups with other financial institutions, time schedule for implementation of the project etc., for examining his request for restoration of the plot in his favour. On receipt of the reply of the petitioner dated 25-04-2005, the first respondent advised the second respondent to return the amount to the petitioner, if the petitioner is not interested to take over the land at the prevailing rate, and accordingly the amount paid by the petitioner was refunded to him. In the counter, nothing has been stated about the petitioner’s representation dated 29-06-2005. In the facts and circumstances of the case, I am of the opinion that unless the cancellation of the allotment is set aside, as it is stated that the amount has also been returned back to the petitioner, the petitioner is not entitled to any relief as claimed in this writ petition. However, as it is stated that the representation of the petitioner dated 25-04-2005 and further representation dated 29-06-2005 filed by him before the first respondent, marking a copy of the same to the second respondent, along with the necessary information as sought for by the second respondent in his letter dated 16-04-2005, has not been considered and disposed of by the first respondent, therefore, the writ petition is disposed of directing the first respondent to consider and dispose of the representation of the petitioner dated 29-06-2005 as expeditiously as possible. Till the disposal of the same, status quo obtaining as on today with regard to the allotment of plot No.137-B, Industrial Development Area, Kondapalli, Krishna District shall be maintained. No order as to costs. ________________ V.ESWARAIAH, J Dated 9th April, 2008 vrn .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Managing Director, A.P.Industrial Infrastructure Corporation Ltd., Parishram Bhavan, 6th Floor, Fatech Maidan Road, Hyderabad. 2 Zonal Manager, A.P.Industrial Infrastructure Corporation Ltd., Industrial Estate, Auto Nagar, Vijayawada. 3 2 CD copies Form-NIC-OGS/WP{MPL}