HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.6423 of 2007
Date: April 23, 2014
Between:
M/s. Naveen Industries, Plot No.21, IDA, Kamareddy, Nizamabad District, rep. by its Proprietor Md. Rafeeq Ahmed.
… Petitioner And
1. Andhra Pradesh State Industrial Infrastructure Corporation Ltd., (A Govt. of A.P. undertaking), Hyderabad, rep. by its Vice-Chairman & Managing Director & 4 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.6423 of 2007
O R D E R:
This writ petition was filed seeking a writ of Mandamus declaring the action of the 3rd respondent in issuing letter No.109/RO/NZB/IDA/KMR/84/121 dated 31.03.2006, cancelling the allotment of Plot No.21 in an extent of 1722.22 square yards equivalent to 1439.99 sq. mtrs. situated at I.D.A. Kamareddy, Nizamabad District, and the subsequent proceedings issued by the 2nd respondent vide letter No.109/RO:NZB/IDA/84 dated 22.02.2007 to pay a sum of Rs.86,115/- towards delay condonation fee for implementation of the unit and other dues if any like arrears of property tax, water charges, maintenance charges, balance land cost etc., on or before 31st March, 2007, 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 31.03.2006, cancelling the allotment of Plot No.21 situated at IDA, Kamareddy, Nizamabad District, in favour of the petitioner and the subsequent proceedings issued by the 2nd respondent vide letter No.109/RO:NZB/IDA/84 dated 22.02.2007 to pay a sum of Rs.86,115/- towards delay condonation fee for implementation of the unit and other dues if any like arrears of property tax, water charges, maintenance charges, balance land cost etc., on or before 31st March, 2007, are 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
55 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.6423 of 2007
Date: April 23, 2014
BSB