IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD HON’BLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.26046 of 2005 Dated: March 21, 2006 Between: Smt. K.V.N.V. Bharathi Devi, W/o. Rev. K.V.K. Rao, aged about 42 years, Proprietor, Sree Harsha Technologies, 3rd Floor, Rajnigandha Apartments, Opp: Chaitanyapuri Bus Stop, Dilsukhnagar, Hyderabad – 52. … Petitioner And The Andhra Pradesh Industrial Infrastructure Corporation Limited, Regd. Office 5-9-58/B, Parisrama Bhavan, Sixth Floor, Fateh Maidan Road, Hyderabad – 04, rep. by its Zonal Manager, and another. … Respondents Order: In this Writ Petition, petitioner is seeking direction, by way of Writ of Mandamus; to the respondents to consider the application bearing No.4141 dated 31-03-2005 for allotment of a plot in Industrial Development Area, Uppal. 2. The petitioner, proprietor of a firm claiming to be imparting training in advanced computer learning, has made an application dated 31-03-2005 to the respondent- Corporation for allotment of land to an extent of 2500 Sq. Meters in Industrial Development Area, Uppal, Hyderabad, for setting up Hardware manufacturing, Software development, Chip development and CD and floppy disk development. Along with the said application, the petitioner has paid Rs.250/- as processing fee and also a sum of Rs.7,00,000/- towards Earnest Money Deposit. However, the Corporation did not consider the request of the petitioner for allotment of plot in the Industrial Development Area, Uppal, as the same is required to be done through public auction under Rule 8.1 of the Allotment Regulations. While refunding the E.M.D. deposited by the petitioner, she was informed that if she was interested to get allotted land in the Industrial Development Area, Nacharam, her case would be considered. Thereupon, the petitioner, by her letter dated 20-12-2005, requested the Corporation for allotment of Plot No.A28/1/14B & 14C admeasuring 4000 Sq. meters in I.D.A., Nacharam and further, by another letter dated 24-12-2005 requested for allotment of Plot No.A28/1/14B & 14C admeasuring 4000 – 5000 Sq. meters at I.D.A., Nacharam, for her sister concerns, viz., SS Foundry and KVK Engineering Works for manufacturing unfinished raw iron castings, finished and drilling work. At that stage, the petitioner was informed that her request would be considered provided she obtains the requisite certificates and ‘No Objection’ from various authorities for establishment of the foundry units aforesaid. 3. During the course of arguments, learned counsel for the petitioner submits that now the petitioner is not intending to set up the foundry units at the moment, but intends to set up I.T. related business only, in the proposed plot at I.D.A., Nacharam. 4. As much as the respondent-Corporation, at the initial stages, while refunding the E.M.D. deposited by the petitioner for allotment of plot at I.D.A., Uppal, has considered the case of the petitioner for allotment of plot at I.D.A., Nacharam, and also in view of the undertaking which is filed before this Court wherein it is stated that the petitioner is now intending to set up only I.T. related business, at the proposed plot at I.D.A., Nacharam, I dispose of the Writ Petition with the following directions. - The petitioner shall make a representation in this regard to the respondent- Corporation in the same lines to that of the undertaking furnished before this within (2) weeks from today. On such representation being filed, the respondents are directed to consider the same as per the applicable regulations and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order. 5. The Writ Petition is disposed of with the above directions. No order as to costs. ____________________________ JUSTICE R. SUBHASH REDDY. March 21, 2006 MRR