THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.13324 of 2006 Date:27.07.2010 Between: P.Ratna Kumar ………..Petitioner. And The Andhra Pradesh Industrial Infrastructures Corporation Limited, rep by its Chairman & Managing Director, Hyderabad and another. ………Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.13324 of 2006 ORDER: The issue involved in the writ petition is whether the respondents after execution of the sale deed is empowered to cancel the registered sale deed on the ground that the land is not put to use. Both the counsel appearing for the parties submitted that the issue covered in the writ petition is squarely covered by the Common Order in W.P.No.7320 of 2006 & batch dated 16.7.2010, and, therefore, the writ petition deserves to be allowed. A photocopy of the Common Order passed in W.P.No.7320 of 2006 & batch is placed on record. It has been held in the above referred Common Order as follows:- “There is no denial that the agreement entered into by APIIC and the petitioners in these cases, does not contain any clause in the above terms nor clause 7 in the registered sale deed can be construed as “condition super added”. This Court is not able to countenance the submission of the counsel that the phrase in clause 7 of the sale deed reading “… … shall use the said plots for the aforesaid purpose of putting up factory or factories duly permitted by the competent Authority and for another purpose” should be construed as upper added clause”. As held by this Court in K.Gopal Reddy, when once sale deed is registered by the seller in favour of buyer, contract is concluded and no party can enforce sale agreement covenants. Therefore, this Court holds that insofar as these cases are concerned, APIIC has no such power or jurisdiction to cancel the allotment, which has effect of nullifying the sale deed.” For the reasons recorded in the above W.P.No.7320 of 2006 & batch, this writ petition is also allowed. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:27.7.2010 mrb