HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.7530 of 2007
Date: April 23, 2014
Between:
M/s. Harmeet Enterprises, Secunderabad, rep. by its Partner Harpal Singh Osahan.
… Petitioner And
1. Andhra Pradesh Industrial Infrastructure Corporation Ltd., ( A Govt. of A.P. undertaking), rep. by its Managing Director, Hyderabad & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.7530 of 2007
O R D E R:
This writ petition was filed seeking a writ of Mandamus declaring the action of the 2nd respondent in issuing letter No.ZO/MLI/NRM/MLP/2007/A-20/1/1129 dated 21.03.2007, cancelling the allotment, agreement of sale and sale deed of the petitioner in respect of Plot bearing No.A-20/1 in an extent of 1764 square mts. situated at I.D.A. Nacharam, Ranga Reddy District, as illegal and arbitrary.
2. Heard both sides. Perused the records.
3. It is stated by the learned counsel for the petitioner that the present matter is squarely covered by earlier judgment, dated 16.07.2010, in W.P. No.7320 of 2006 and batch, wherein the said writ petitions are allowed holding that being a State the APIIC cannot cancel the sale deed or issue a letter of allotment, which has effect of nullifying the conveyance/transfer of title to the entrepreneur and in case of sale transaction the vendor has remedy under Section 31 of the Specific Relief Act to seek cancellation of sale deed in a civil Court if the sale deed executed is likely to affect the right, interest and title of the vendor subsequently.
4. In the present case also it is stated that the sale deed has already been executed by the APIIC in favour of the petitioner. The cancellation of the allotment of the plot subsequent to the execution of the said sale deed is therefore untenable and the impugned letter, dated 21.03.2007, cancelling the allotment in favour of the petitioner is accordingly set aside, adopting the reasoning mentioned in the above covered judgment, dated 16.07.2010, in the batch of writ petitions.
5. The writ petition is accordingly allowed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 23, 2014 BSB
44 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.7530 of 2007
Date: April 23, 2014
BSB