Andhra Pradesh High Court
WP/18671/2026 of KUNTUMURI NARASAMMA Vs The State of Andhra Pradesh on 9 July 2026
reserved for orders : Date of pronouncement : Date of uploading APHC010344152026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 10 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18671 Between: 1. KUNTUMURI NARASAMMA, W/O.KUNTUMURI CHINNAIAH, AGED ABOUT 70 YEARS, R/O.6
Date of reserved for orders
Date of pronouncement
Date of uploading
APHC010344152026
IN TH
FRIDA
THE HONO
WRI
Between:
1. KUNTUMURI NARA
ABOUT
BOPPAPURAM,VE
NELLORE,ANDHRA
2. KUNTUMURI PENC
ABOUT 47 YEAR
NELLORE, BANGA
3. AVULA BUJJAMMA
YEARS, R/O.3-439
ANDHRA PRADESH
4. AVULA SEETHAMM
YEARS,R/O.4-7,
NELLORE, ANDHR
5. INDIA SAI,, D/O.
YEARS, R/O. CHA
524134.
6. KUNTUMURU CH
S/O
LATE
PENC
BOPPAPURAM, VE
s : NIL
:10.07.2026
: 15.07.2026
E HIGH COURT OF ANDHRA PRAD
AT AMARAVATI
(Special Original Jurisdiction)
AY, THE 10th DAY OF JULY 2026
PRESENT
OURABLE SRI JUSTICE HARINATH
IT PETITION NO: 18671 of 2026
ASAMMA, W/O.KUNTUMURI CHINN
YEARS,
R/O.6-34,
GANDH
NKATAGIRI,
VENKATAGIRI
A PRADESH- 524132.
CHALAIAH,, S/O. KUNTUMURI SESH
RS,R/O.3-45/1, BOPPAPURAM, V
ARUPETA, ANDHRA PRADESH- 5244
A,, W/O. CHENCHURAMAIAH, AGE
9, BOPPAPURAM, BANGARUPET
H- 524404.
MA,, C/O.AVULA KRISHNAIAH, AG
BOPPAPURAM,
VENKATAGIR
RA PRADESH- 524404.
KUNTUMURI SESHARAO, AGE
APALAPALLE, NELLORE, ANDHR
INNAIAH,, ALIAS KUNTUMURI P
CHALAIAH,
D.NO
6-34,
GAN
ENKATAGIRI, TIRUPATI DISTRICT.
...P
DESH
.N
NAIAH, AGED
HI
NAGAR,
TOWN,
HARAO, AGED
VENKATAGIRI,
404.
ED ABOUT 45
TA, NELLORE,
ED ABOUT 40
RI
MANDAL,
D ABOUT 40
RA PRADESH-
PENCHALAIAH,
NDHI
NAGAR,
PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY,
MUNICIPAL
ADMINISTRATION
AND
URBAN
DEVELOPMENT
DEPARTMENT
SECRETARIAT
BUILDING,
VELAGAPUDI, GUNTUR DISTRICT.
2. THE
COMMISSIONER
AND
DIRECTOR
OF
MUNICIPAL
ADMINISTRATION, STATE OF A.P. 4TH FLOOR, APCRDA PROJECT
OFFICE, RAYAPUDI AMARAVATI.
3. THE
COLLECTOR
AND
DISTRICT
MAGISTRATE,
TIRUPATI
DISTRICT.
4. THE MUNICIPAL COMMISSIONER, VENKATAGIRI MUNICIPALITY, TIRUPATI DISTRICT.
5. THE
DIRECTOR
OF
TOWN
AND
COUNTRY
PLANNING,
GOVERNMENT OF ANDHRA PRADESH, 6TH FLOOR, APCRDA
PROJECT OFFICE, RAYAPUDI AMARAVATI.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or in the nature of a Writ of Mandamus against (T Direction, more particularly one respondents in not taking any action on representations made by petitioners on 29.12.2025 for refund of 34,70,294/- which is 5percent basic value of the layout area vide challan No.
1127/CH/0057/2022/site
to
an
extent
of
Ac.4.5985
cents
1127/001/LP/VKTGR/2022 dated 11.03.2022 paid by the petitioners as of the G.O.Ms.No.145 of Municipal Administration and Urban the subsequent G.O
vide in BA.No. pursuance Development Department, dated 06.12.2021 as G.O.Ms.No.13 Municipal Administration and Urban Development dated being illegal arbitrary25.01.2023 issued by the 1st Respondent is withdrawn violation of Article 14,19(l)(g), 300A of Constitution of India as unconstitutional and in Consequently direct the respondents to refund 34,70,294/- which is 5percent basic extent of Ac.4.5985 cents vide challan No. and value of the layout area site to an 1127/CH/0057/2022/
BA.No.1127/001/LP/VKTGR/2022 dated 11.03.2022 paid by the petitioners and to pass IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th and 5th respondent to consider and pass appropriate orders on the representation made by the petitioners dated 29.12.2025 in view of the G.O.Ms.No.13 of Municipal Administration and Urban Development Department, dated 25.01.2023 issued by the 1st Respondent pending disposal of the above writ petition and pass Counsel for the Petitioner(S):
1.SOHIT CHANDRA TRIPURANENI
Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP
The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 18671 of 2026
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ORDER:-
This Writ Petition is filed declaring the action of the Respondents in not taking any action on the representations made by the Petitioners on 29.12.2025 for refund of Rs.34,70,294/- which is 5% basic value of the layout area site to an extent of Ac. 4.5985 cents, vide Challan No.1127/CH/0057/ 2022/B.A.No.1127/00/LP/VKTGR/2022, dated 11.03.2022 paid by the Petitioners in pursuance of the G.O.Ms.No.145 of Municipal Administration and Urban Development Department, dated 06.12.2021 as the subsequent G.O, vide G.O.Ms.No.13, Municipal Administration and Urban Development, dated 25.01.2023 issued by the Respondent No.1 is withdrawn as illegal and arbitrary.
2. Learned Assistant Government Pleader for the Respondents submits that by virtue of G.O.Ms.No.13, dated 25.01.2023, the mandatory conditions stipulated under G.O.Ms.No.145, dated 06.12.2021 were withdrawn with a prospective operation from 25.01.2023 and as such the petitioners cannot claim either refund or re-conveyance of the land. Any statutory rule is prospective in operation and it cannot be given retrospective operation, unless it is expressly stated that so by the rule making authority.
3. In reply, the learned counsel for the petitioners submit that the Division Bench of this Hon’ble Court in W.P.No.13415 & 27997 of 2022 dated 08.02.2023 and the learned Single Judge of this Hon’ble Court in
W.P.No.8312 of 2023 dated 04.04.2023 have gone into the said issue and decided those writ petitions in favour of the petitioners either for refund of the amount or for the re-conveyance of the gift deed as the case may be in view of the G.O.Ms.No.13 of Municipal Administration and Urban Development Department dated 25.01.2023.
4. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is to be seen that the G.O.Ms.No.145, Municipal Administration and Urban Development Department, dated 06.12.2021 dealing with either for conveyance of the gift deed for the additional percentage of the land area or for the payment of additional amount in levy of the same with respect to the each lay out has been withdrawn by the Government vide G.O.Ms.No.13, dated 25.01.2023. During this interregnum period, obviously some transactions took place between the petitioners and others, who were similarly situated with the respondent authorities by entering into such conveyances or payment of additional value. But soon after the withdrawal of the said G.O. by virtue of the subsequent G.O., all those transactions will become inoperative and not enforceable and as such those petitioners including the petitioners herein sought for either refund of the additional amount paid or for the re-conveyance of the gift deed by filing different writ petitions before this Court. The Hon’ble Division Bench of this Court in the above said common order dated 08.02.2023 directed to refund the additional amounts paid which were deposited to the account of the Registrar (Judicial) with the accrued interest to the petitioners therein. On the similar issue, basing upon the above said G.Os., the learned Single Judge of this Court in W.P.No.8312 of 2023 dated 04.04.2023 also directed the 4th respondent therein to cancel the gift deed dated 23.11.2022 executed by the petitioner therein in terms of the earlier G.O.Ms.No.145, dated 06.12.2021 and to re-convey the land in question to the petitioner therein within four weeks from the date of receipt of copy of the order.
5. Learned counsel on both sides admitted that the above said orders of this Court have become final and they were implemented. Since the petitioners are similarly situated, they are also entitled for the similar relief in this Writ Petition also. Since the G.O.Ms.No.145, dated 06.12.2021 was withdrawn by the above said subsequent G.O., the transactions underwent under the withdrawn G.O. would become nullity and non est and the status quo ante position would revive automatically. Hence, consequences should follow in the interest of justice.
6. Accordingly, the Writ Petition is allowed in terms of the above said orders and the respondent authorities shall act upon either for re-conveyance of the gift deed or refund of the additional amount as expeditiously as possible to the petitioners preferably within a period of twelve (12) weeks from the date of receipt of this order. There shall be no order as to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall stand closed ____________________ JUSTICE HARINATH.N Date: 10.07.2026 KK Whether the order is: Speaking
Reasoned ☑ Reportable
Non-reportable ☑
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 18671 OF 2026
Date: 10.07.2026 KK